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Equal Justice$
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Eric Rakowski

Print publication date: 1993

Print ISBN-13: 9780198240792

Published to Oxford Scholarship Online: October 2011

DOI: 10.1093/acprof:oso/9780198240792.001.0001

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Illustrations

Illustrations

Chapter:
(p.244) 11 Illustrations
Source:
Equal Justice
Author(s):

Eric Rakowski

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198240792.003.0011

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

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