Unlike the criminal law, tort law does not recognize insanity as an answer to liability. The fact that a defendant was insane at the time of his impugned conduct is essentially ignored by tort law’s liability rules. It will be argued that this situation is unsatisfactory. A person should not incur liability in tort in respect of acts committed while insane. This result should be realized by providing for a generally applicable affirmative defence of insanity.
James Goudkamp, “Insanity as a Tort Defence“. Oxford J Legal Studies (2011) doi: 10.1093/ojls/gqr026. First published online: October 28, 2011.