Responsibility I: Basic Responsibility
This chapter discusses the basic responsibility requirement. It identifies three related claims about what basic responsibility requires of those in the frame for liability in private law. They are that those in the frame for liability (i) must either be aware of their conduct, or have had the capacity to be aware of it; (ii) that some aspect of their conduct must be ‘theirs’ in the sense that they did it and had reason to do it; and (iii) they must usually either be aware of, or be capable of being aware of, some of the circumstances or outcomes of that conduct.
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