Chakravarty, Kelsey and Teitelbaum, ‘Tort Liability and Unawareness’

Unawareness is a form of bounded rationality where a person fails to conceive all feasible acts or consequences or to perceive as feasible all conceivable act-consequence links. We study the implications of unawareness for tort law, where relevant examples include the discovery of a new product or technology (new act), of a new disease or injury (new consequence), or that a product can cause an injury (new link). We argue that negligence has an important advantage over strict liability in a world with unawareness – negligence, through the stipulation of due care standards, spreads awareness about the updated probability of harm.

Chakravarty, Surajeet and Kelsey, David and Teitelbaum, Joshua C, Tort Liability and Unawareness (May 16, 2018).

First posted 2018-05-30 15:54:17

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