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The Evolution from Strict Liability to Fault in the Law of Torts PDF

287 Pages·2021·3.731 MB·English
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Gradually, the law of tort has shifted away from a strict-liability approach to one where fault predominates. This book charts important case law documenting this shift. It seeks to understand how and why the shift occurred. Given that the Rylands v Fletcher decision is typically seen as a prime exemplar of strict liability, it focuses particularly on that case, as part of the historical development of tort law. It considers the intellectual arguments made in favour of strict liability, and for fault-based liability. Having done so, it then focuses on particular areas of the law of tort, including nuisance, defamation and trespass. It is somewhat anomalous that though most would view these as examples of torts of strict liability, fault considerations have become prominent in their application. This presents an uneasy compromise, where torts that are notionally strict in nature are infused with fault considerations, often through exceptions or defences. This book advocates for further development in the law of tort to make it more coherent, and to better reflect a primarily fault-based approach to liability, at least in the common law.Volume 37 in the series Hart Studies in Private Law
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Most books are stored in the elastic cloud where traffic is expensive. For this reason, we have a limit on daily download.