Perhaps but I think that we really can’t answer questions like this until there is more of a free market in law. If I restrain you and don’t beat you up, that’s not as bad as restraining you and beating you up. The beating is an additional tort to the restraint. It seems to me the same argument could be made for restraining and then infecting someone with any kind of infectious disease - the act of infecting is its own tort.
Clayton -