Tort Liability and Unawareness

Authors

Surajeet Chakravarty, University of ExeterFollow
David Kelsey, University of ExeterFollow
Joshua C. Teitelbaum, Georgetown University Law CenterFollow

Document Type

Article

Publication Date

2-5-2024

DOI

10.1111/iere.12706

Abstract

We explore the implications of unawareness for tort law. We study cases where injurers and victims initially are unaware that some acts can yield harmful consequences, or that some acts or harmful consequences are even possible, but later become aware. Following Karni and Vierø (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.

Publication Citation

International Economic Review, Vol. 65, Issue 4, November 2024, Pp. 1851-1876.

Scholarly Commons Citation

Chakravarty, Surajeet; Kelsey, David; and Teitelbaum, Joshua C., "Tort Liability and Unawareness" (2024). Georgetown Law Faculty Publications and Other Works. 2067.
https://scholarship.law.georgetown.edu/facpub/2067