Ruparelia, R. (2009). “I Didn’t Mean it that Way!”: Racial Discrimination as Negligence (SSRN Scholarly Paper ID 2380853). Social Science Research Network.

In this article, Ruparelia argues for a tort of negligence rather than a tort of intentional discrimination as it effectively addresses racial injury. This paper outlines why torts should be implemented when discussing racial discrimination, the limitations of an intention to discriminate against tort and the advantages of a tort of negligence and the challenges of implementing a tort of negligence and how to address said challenges. In addition, Ruparelia also considers the disadvantages of a tort of negligence. Although there some disadvantages are noted, Ruparelia concludes that a tort of negligence will effectively address systemic racism present in North America.

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