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Open Access. Powered by Scholars. Published by Universities.®

2018

Law and Society

Tort

University of Maine School of Law

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When You Should Have Known: Rethinking Constructive Knowledge In Tort Liability For Sexual Transmission Of Hiv, John A. Turcotte Feb 2018

When You Should Have Known: Rethinking Constructive Knowledge In Tort Liability For Sexual Transmission Of Hiv, John A. Turcotte

Maine Law Review

AIDS is a modern epidemic that has grabbed the forefront of this nation's attention like no other disease in the twentieth century. Despite vigorous medical research and experimentation, the disease remains incurable and ultimately fatal. Protecting the health of the citizens has always been a strong policy of the law. Tort liability for the spread of contagious diseases dates back to the early nineteenth century. Tort liability for sexual transmission of AIDS began to appear in the late 1980s, not long after the appearance of the disease. Based as it was on the tort actions arising from other transmittable diseases, …