By Paul Mitchell
Some of the defining positive aspects of the trendy legislation of tort could be traced to the 1st half the 20 th century, yet, earlier, advancements in that interval have by no means got a committed historic exam. This booklet examines either universal legislations and statutory concepts, paying unique recognition to underlying assumptions concerning the operation of society, the functionality of tort legislations, and the jobs of these desirous about felony adjustments. It recovers the criminal and social contexts within which a few landmark judgements got (and which places these judgements in a really assorted gentle) and attracts realization to major and suggestive circumstances that experience fallen into overlook. It additionally explores the theoretical debates of the interval concerning the nature of tort legislation, and divulges the interesting styles of effect and gear at paintings at the back of statutory tasks to reform the legislations.
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Extra info for A History of Tort Law 1900-1950
Stallybrass, The Law of Torts: A Treatise on the English Law of Liability for Civil Injuries, 8th edn (London, Sweet & Maxwell, 1934) xii and 117–19. 69 71 Definition and theory 29 page of a book as a point about the conceptual relationship between tort and workmen’s compensation. But Landon had set his stall out against such academic speculation, and, to be consistent, had to put the point in pragmatic, practitioner-oriented terms. Winfield met it in even more pragmatic terms, with an argument about the physical limitations of publishing.
88 Looking back at these critiques of the general principle, there is a strong sense that the parties were at cross-purposes. The root of the problem lay in Pollock’s (and Winfield’s) use of the word ‘principle’. The more conventional use of the word, at least in its legal context, denotes a general proposition that governs the outcome of a particular case. Thus, the principle that I owe a duty of care not to cause physical injury to those whom I ought to foresee will suffer damage can be applied to a particular factual situation to determine whether I owe a duty of care.
T. ’ 74 Jenks, ‘The Province of Tort in English Law’, 210. 75 P. Winfield, A Text-Book of the Law of Tort (London, Sweet & Maxwell, 1937) 20. 73 30 Part I we might reasonably infer that they were acting on the idea that all unjustifiable harm is tortious. 76 It was also important, he added, to remember that only unjustifiable harm called forth new torts. 77 Winfield’s exposition prompted two responses. 79 Winfield’s former colleague A. L. 80 The truth was, Goodhart argued, that the courts created new torts by gradually extending old ones, not by using a general principle of liability.