Stand Alone Emotional Harm: Old Wine in New Bottles
Summary
This history shows the length and breadth of tort’s concern for non-physical injury; it neatly refutes the canard that tort has limited itself to body and property. That alone, coming from Rabin, should afflict the comfortable. But he is not content to simply offer an alternate history of psychic harms in tort. He also aims to offer a theoretical justification for placing these harms in the modern mainstream. Here, too, his voice is critical and welcome.
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