The Anatomy of Tort LawThis book argues that the exposition of tort law in terms of the traditional torts, such as trespass, negligence, defamation and so on, is a hangover of an outdated formularistic approach which hinders understanding of the nature of the various heads of tort liability and of the relationship between tort liability and other forms of civil liability (such as contract). Tort law is therefore reconcevied and re-organized as a system of rules and principles of personal responsibility for conduct, from which perspective heads of tort liability are analyzed as consisting of various combinations of protected interests, sanctioned conduct and sanctions. These are the building blocks of tort law. This novel approach has a number of important advantages: it illuminates many puzzling features of tort law; it helps us to understand the relationship between tort law and morality on the one hand, and between tort law and its functions and effects on the other; and it facilitates integration of the common law and the statutory law of tort. The analysis also raises fundamental issues about the juristic distinctiveness and unity of tort law, about the nature and uses of legal classifications; and about the rule of concurrent liability. It has important implications for our approach to the law of obligations generally as well as to tort law in particular. |
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action in tort approach assessment awarded breach of contract causal causes of action Chapter chattel common law compensation principle compensatory damages concept concerned conduct and sanctions context contributory negligence correlative courts defamation defendant deliberate disputes duty of care economic effect equitable property ethical principles exploitation fact functions of tort harm heads of liability heads of tort held liable idea ility important imposed indirect extrinsic functions individual injunction instance interests and sanctioned law of contract law of obligations law of tort loss suffered moral non-pecuniary loss nuisance owner personal injury personal responsibility plaintiff principles of personal property interests property rights protected interests punitive damages reason relation relevant result risk rules and principles rules of tort sanctioned conduct social statute statutory strict liability structure of tort tion tort action tort claims tort liability tortfeasor tortious conduct trespass types unlawful vicarious liability victim whereas