Insanity as a Tort Defence
James Goudkamp, ‘Insanity as a Tort Defence’ (2011) 31 Oxford Journal of Legal Studies pp.727–754.
29 Pages Posted: 26 Feb 2016
Date Written: 2011
Unlike the criminal law, tort law does not recognize insanity as an answer to liability. The fact that a defendant was insane at the time of his impugned conduct is essentially ignored by tort law’s liability rules. It will be argued that this situation is unsatisfactory. A person should not incur liability in tort in respect of acts committed while insane. This result should be realized by providing for a generally applicable affirmative defence of insanity.
Keywords: tort, negligence, defences, insanity
JEL Classification: K13
Suggested Citation: Suggested Citation