Yehuda Adar and Ronen Perry, ‘Negligence Without Harm’, Georgetown Law Journal (forthcoming), available at SSRN. I like papers that go against well-established conventions, theories, and practices – papers that punch up. Such is Yehuda Adar’s and Ronen Perry’s (hereinafter A&P) new paper titled ‘Negligence Without Harm’, which argues that victims could sue and receive remedies for a tort of negligence even if they have not suffered any harm. For at least a century, every first-year common law student has known that the tort of negligence is comprised of four elements: duty of care, breach of duty, causation, and harm; and that to win on a negligence claim, the plaintiff must prove all these elements (as well as to overcome defenses such as contributory negligence) … (more)
[Ronen Avraham, JOTWELL, 25 November 2022]
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