Eric Rakowski

in Equal Justice

Published in print July 1993 | ISBN: 9780198240792
Published online October 2011 | e-ISBN: 9780191680274 | DOI:

Series: Clarendon Paperbacks


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This chapter examines several prominent areas of tort law and asks whether consent or the moral principle as described and endorsed, could justify the substitution of a negligence rule for strict liability. These inquiries are illustrative, not comprehensive. It offers some remarks about the relations between intent, voluntariness, consent, and the duty of potential plaintiffs to protect themselves. Black-letter tort law counts harm as intentional if it results from an act (or perhaps an omission) the agent knew or should have known to be a proscribed invasion of the victim's right.

Keywords: intent; voluntariness; consent; tort law; strict liability; harm

Chapter.  15291 words. 

Subjects: Social and Political Philosophy

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