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Journal of Environmental Law Advance Access originally published online on December 16, 2008
Journal of Environmental Law 2009 21(1):33-57; doi:10.1093/jel/eqn027
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© The Author [2008]. Published by Oxford University Press. All rights reserved. For Permissions, please email: journals.permissions@oxfordjournals.org

Let's Get Physical: Civil Liability and the Perception of Risk

Chris Hilson*

*University of Reading (c.j.hilson{at}reading.ac.uk).


  Abstract

The article aims to explore the place of perceptions of risk within the law of tort. It examines both property-related, ‘stigma damages’ cases and also personal injury-related ‘fear of disease’ cases. A finding of some form of physical damage or injury seems to be required by the courts in order to establish liability in both instances. Having explored the contentious issue of the precise contours of such damage or injury, the article concludes with a suggestion for a quantifiability-based approach to establishing liability in the area.

Key Words: risk • perception • liability • tort • stigma damages • fear of disease


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