We explore the implications of unawareness for tort law. We study cases where injurers and victims initially are unaware that some acts can yield some consequences, or alternatively that some acts or consequences are even possible, but later become aware. Following Karni and Viero (2013) we model unawareness by Reverse Bayesianism. We compare the two basic liability rules of Anglo-American tort law, negligence and strict liability, and 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.
Scholarly Commons Citation
Chakravarty, Surajeet; Kelsey, David; and Teitelbaum, Joshua C., "Tort Liability and Unawareness" (2022). Georgetown Law Faculty Publications and Other Works. 2067.