Responsabilité des sujets atteints de troubles mentaux en Italie et en common law (The Liability of the Mentally Disabled in Common Law and in Italian Law)
Gazette du Palais, numero spécial: Responsabilité civile (F. Chabas ed.), nn. 45/46, 1997, 11-16
6 Pages Posted: 12 Jan 2013 Last revised: 10 Jan 2022
Date Written: January 10, 1997
Abstract
The aim of this paper is to challenge the traditional principle of Western negligence law according to which, whatever a person’s characteristics are, his/her behavior should be judged against the standard of care expected from the so-called ‘reasonable person’. In particular, the paper focuses on a special category of subjects who are ‘weaker’ than the average because suffering from a psychological disability. Through the comparative analysis of Italian, English, and American tort law rules involving these persons, the paper shows how courts are acutely aware of the need to introduce some degree of flexibility into the median fault parameter.
Note: Downloadable document is in French.
Keywords: Comparative Tort Law, Negligence, Standard of Care, Mental Impairment, Lunatics, Children
JEL Classification: K13
Suggested Citation: Suggested Citation