Abstract
<jats:title>Abstract</jats:title> <jats:p>This chapter provides a detailed analysis of both the duty of due care in negligence law and its longtime alternative, a regime of strict tort liability for the accidental infliction of physical injury. It explains how tort-law duties can fix egalitarian terms of interaction for conflicts that arise accidentally rather than intentionally. More broadly, the chapter demonstrates that the equality theory employs a top-down sequence of reasoning to determine the content of the duty of due care. This sequence begins with a normative framework for understanding the demands of equality that, in turn, helps to identify doctrinal rules (such as those setting the upper limit of due care). These rules then guide the factual inquiry into their application (including what evidence must be gathered to prove or disprove the real-world implications for the risk-creator’s self-determination in ceasing their activity).</jats:p>