The Historical Development of the Fault Basis of Liability in the Law of Tort
Edited book (chapter)
Gray, Anthony. 2022. "The Historical Development of the Fault Basis of Liability in the Law of Tort." McKibbin, Sarah, Patrick, Jeremy and Harmes, Marcus K. (ed.) The Impact of Law's History: What's Past is Prologue. Switzerland. Springer. pp. 105-130
| Chapter Title | The Historical Development of the Fault Basis of Liability in the Law of Tort |
|---|---|
| Book Chapter Category | Edited book (chapter) |
| ERA Publisher ID | 3337 |
| Book Title | The Impact of Law's History: What's Past is Prologue |
| Authors | |
| Author | Gray, Anthony |
| Editors | McKibbin, Sarah, Patrick, Jeremy and Harmes, Marcus K. |
| Page Range | 105-130 |
| Series | Palgrave Modern Legal History |
| Chapter Number | 7 |
| Number of Pages | 26 |
| Year | 2022 |
| Publisher | Springer |
| Place of Publication | Switzerland |
| ISBN | 9783030900670 |
| 9783030900687 | |
| Digital Object Identifier (DOI) | https://doi.org/10.1007/978-3-030-90068-7_7 |
| Web Address (URL) | https://link.springer.com/chapter/10.1007/978-3-030-90068-7_7 |
| Abstract | This chapter seeks to understand the general shift in the law of tort, over centuries, from a primarily strict liability system to a fault-based system. At inception, the law was designed to deter the blood feud between individuals as a way of ‘resolving’ conflict. In that context, legal principles that made a person who caused injury to another liable, regardless of the circumstances, were understandable. However, a shift occurred in the law. The law began to take into account the extent to which the plaintiff’s injuries could be said to be the fault of the defendant. All the circumstances of the events, rather than the simple fact or injury and causation, began to be considered. It is important to understand the timeframe over which this has occurred and why it occurred. Such learning may give us fresh insights into possible future reforms in tort law. |
| Keywords | strict liability; fault; tort |
| ANZSRC Field of Research 2020 | 480605. Tort law |
| Public Notes | Files associated with this item cannot be displayed due to copyright restrictions. |
| Byline Affiliations | School of Law and Justice |
| Institution of Origin | University of Southern Queensland |
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