Speaker: David Kelsey (University of Exeter)
Paper to be presented: “Tort Liability and Unawareness” joint with Surajeet Chakravarty (Exeter University, UK) and Joshua Teitelbaum (Georgetown University, USA)
Date, Time and Venue: Wednesday, 14 August 2019, 15:00-16:00, 260-5115 [Business School Building, Level 5]
Abstract: 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.