Rethinking Injunctions in Tort Law

Abstract

This article considers the way in which injunctions have generally been made more freely available in tort in connection with the protection of property and property-like interests. It argues that this prioritization of property can be viewed as undermining the generally accepted hierarchy of protected interests. It then argues that if negligence law were seen as a tort that embraces not just careless, but also deliberate and reckless conduct, it could be used as a basis for granting injunctions in a number of important circumstances that would help to restore the right to bodily integrity to its rightful place at the top of the hierarchy of protected interests in tort law.