Culpability of person who infects another with a disease or virus?

[MMMark]

Wed. 12/04/11 17:39 EDT
.post #133

[url=Culpability of person who infects another with a disease or virus? - #48 by ClaytonB]

@Clayton

[/url]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 - …

I’m with you up until here, but then…

@Clayton

… the act of infecting is its own tort.

Now I ask you to clarify. Here, you seem to agree with Eugene (whereas before you disagreed): That “the act of infecting is its own tort,” meaning (at least, the way I read it), that, absent any restraining, the act of infecting is, ipso facto, aggression.

tort

noun Law.
a wrongful act, not including a breach of contract or trust, that results in injury to another’s person, property, reputation, or the like, and for which the injured party is entitled to compensation.