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Reference: Goudkamp, J, (2011). Insanity as a Tort Defence. Oxford Journal of Legal Studies, 31 (4), 727-754.Citable link to this page:


Insanity as a Tort Defence

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.

Peer Review status:Peer reviewedPublication status:PublishedVersion:Accepted manuscriptNotes:© The Author 2011. Published by Oxford University Press. All rights reserved. This is the accepted manuscript version of the article. The final version is available online from Oxford University Press at: [10.1093/ojls/gqr026].

Bibliographic Details

Publisher: Oxford University Press

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Journal: Oxford Journal of Legal Studiessee more from them

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Issue Date: 2011-10-28


Urn: uuid:f9a950b6-308c-4294-9fb4-e3b2c310b0fd

Source identifier: 478562

Eissn: 1464-3820


Issn: 0143-6503 Item Description

Type: Journal article;

Version: Accepted manuscriptKeywords: tort insanity defence Tiny URL: pubs:478562


Author: Goudkamp, J - institutionUniversity of Oxford Oxford, SSD, Law, Law Faculty - - - - Bibliographic Details Publisher: Oxford Unive



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