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Document Type

Article

Publication Date

2010

Abstract

This article identifies and carefully analyzes the use in tort law of what is termed unilateral and bilateral legal analysis. Unilateral, or one-party, analysis involves the design of legal doctrine that is focused on the characteristics or status of a single legal person. It is traditionally associated with criminal law, where the doctrinal attention is tightly focused on the criminal defendant. Inquiry may be made regarding the nature and degree of harm suffered by the victim, or whether the victim agreed to the harm producing act, but these considerations are generally relevant only to the degree that they shed light on the culpability of the criminal defendant. Tort law employs this classic one-party analysis when it determines whether the intent element is satisfied for any of the intentional torts, and when it examines whether or not the defendant in a negligence action has breached the duty of care.
As useful as it is in some critical areas of tort law, unilateral analysis fails to generate doctrine that handles properly other important tort law issues. One such area is the privilege of consent. Another is the privilege of self-defense. Both of these tort law problems require for their satisfactory resolution the deployment of classic bilateral, or two-party, analysis of the sort that is traditionally associated with contract law.
After fully exploring the necessary blending of unilateral and bilateral analysis, the article goes on to identify a second kind of bilateral analysis that is present in tort law. This type of two-party analysis must deal with situations in which the normally harmonious goals of compensation and deterrence come into conflict. The nature of this problem and its resolution is illustrated across a number of recurring factual situations in torts, including the problem of subjective consent in the absence of objective consent and the problem of reasonable self-defense in response to an innocently generated threat.
In the final section of the article, the conflict between compensation and deterrence is shown to shape a bilateral analysis that does not always withhold liability but that instead sometimes results in liability being imposed on a defendant who has not acted in an undesirable, antisocial manner. This element of strict liability is shown to exist within the very heart of what is thought to be traditional, fault-based intentional tort law.

Recommended Citation

Marin Roger Scordato, Innocent Threats, Concealed Consent and the Necessary Presence of Strict Liability in Traditional Fault-Based Tort Law, 37 PEPP. L. REV. 205 (2010).

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Help a shelter out with rescuing cats to a loving home.

I recommend playing in fullscreen and with some relaxing music in the background.

This was made as a birthday gift to my girlfriend who absolutely adores cats.

She also loves the very excellent game Hidden Folks (made by Adriaan de Jongh and Sylvain Tegroeg) that this game is heavily inspired by.

If you like the game consider donating to a local animal shelter.

Download

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I wish there was more but this was SUPER cute! 10/10 would play again

Love it!
Are you sharing the source code? Would love to learn how to do a game like this one. Or even maybe sell the source code?
Thanks anyway.

THIS IS SO CUTE! Please add more : ) i had so much trouble finding the bubbles cat omg

Thanks for the kind words! Bubbles sure is one of the trickier ones, he's got a bit of a unique view :)

Super cute and addictive, wish there was more!

Thanks! Great playthrough, you really are a cat finding master! :)

I've put the wobbly line shader into its own sample project that I've uploaded, it's free to use for anyone who wants it!

Very cool game good sir! Wonderfully designed too.

Concealed Intent (itch) Mac Os X

How did you achieve the 'smearing' effect on the environments? Is it done as post-processing for some layers or is it a shader?

Thank you! The wobbly lines come from a modified sprite shader I wrote. It samples the sprite image pixels with a noise offset. I've been thinking about posting the source already, I should probably get to doing that.

As mentioned above, I finally took some time to actually put the shader in a small sample project, it's available here if you're interested.

Thank you for following-up! I will check that out soon. I'm curious to see how that fares with pixel art projects.

I can't play with Chrome or Firefox (Mac Os), I don't see the illustrations, just violet square or silhouettes of the elements.

That sucks, I'm sorry to hear that. I don't have a Mac myself, I had a friend try it out on his and it worked fine in Chrome, Firefox & Safari. Make sure you've got the latest updates first. Something you can try that might give me some kind of error-message is if you, in Firefox, right-click on the page and choose 'Inspect Element'. The page should split and show info on the right, at the bottom should be an error log. Reply with any error messages you have there and I'll see what I can figure out.

There aren't error messages, but lots of warning.

Concealed Intent (itch) Mac Os Catalina

Maybe I found: Warning: Unsupported graphics API WebGL 2.0

So I can play the game, it runs, instead the images are hidden. Thank you anyway

I'm sorry to say that it might be that the graphics card on your machine doesn't work with WebGL 2.0. Could be the drivers but if they're up to date already there isn't much I can do to help you out sadly :(
Maybe try it out on someone elses mahine?

I know my macOs is old. Maybe yes I will try it on another computer. Thank you! I love Hidden cat's graphic, I saw it in a video gameplayer :) bye

Pretty cool. I like the voices and sound effects. All the cat pics at the end were a nice touch.

Thanks, our cats had to get their due after being featured so prominently in the game :)

As someone who loves Hidden folks and cats...this is purrfect ;)

I know it was a birthday present, but I hope you consider expanding the project. It's a really cool way to raise awareness and participation at shelters.

Thank you! I really enjoyed hearing your personal stories about your animals, it matched very well with the game :)

About expanding it, right now I'm working on other things but maybe sometime in the future I'll go back and add another level or so. Or atleast add some music.

I really enjoyed this! Great idea for a birthday present. The cat in the bush was a bit tricky to find.

We're glad you enjoyed it, we both watched your playthrough. We noticed that it wasn't obvious that you can click the cat names to show some hint-text so we were impressed you found them all by just looking at the silhouettes!

Ah, yeah, I had no idea there were hints, that's cool though! Maybe in the tutorial it might help to mention it? But besides the bush cat, it was challenging enough but not too hard. =]

The tutorial actually does mention it as you have to click one of the cats and show its info-box to proceed but it seems that it wasn't clear enough :)

But I'm glad it was challenging enough still!