"I Pity the Fool: Ori Herstein’s Defense of the Klutz" by Anthony J. Sebok
 

Abstract

The sad story of Menlove, the defendant in the English case Vaughn v. Menlove is well known to all first-year torts students. Menlove was born, according to his lawyer, with the “misfortune of not possessing the highest order of intelligence,” and, as a result did something quite imprudent with flammable material that no person of average or typical intelligence (or judgment) would have done, resulting in a fire that damaged the plaintiff, his neighbor.

Document Type

Article

Publication Date

12-19-2019

Publisher

Jotwell: The Journal of Things We Like (Lots)

Disciplines

Law | Torts

Included in

Torts Commons

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