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

See all articles by James Goudkamp

James Goudkamp

University of Oxford - Faculty of Law

Date Written: 2011

Abstract

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

Goudkamp, James, Insanity as a Tort Defence (2011). James Goudkamp, ‘Insanity as a Tort Defence’ (2011) 31 Oxford Journal of Legal Studies pp.727–754., Available at SSRN: https://ssrn.com/abstract=2737606

James Goudkamp (Contact Author)

University of Oxford - Faculty of Law ( email )

St Cross Building
St Cross Road
Oxford, OX1 3UL
United Kingdom

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
381
Abstract Views
1,173
rank
98,305
PlumX Metrics