Apportionment, Victim Reliance, and Fraud: A Comment

Green draws a comparison between Goldberg, Sebok and Zipursky’s theme of decision making without misimpressions and Aaron Twerski and Neil Cohen’s important work on informed consent. Ultimately, Green disagrees with Goldberg, Sebok and Zipursky that reliance is required for purposes beyond establishing actual cause or perhaps harm. Nor does he agree that a meta-theory, whether about the relationship-based nature of tort duties or any other, describes tort law—seeing the tort law as a far more eclectic mix.