Get A History of Tort Law 1900-1950 PDF

By Paul Mitchell

ISBN-10: 0521768616

ISBN-13: 9780521768610

The various defining positive aspects of the fashionable legislations of tort could be traced to the 1st half the 20th century, yet, previously, advancements in that interval have by no means acquired a committed old exam. This publication examines either universal legislations and statutory options, paying specific awareness to underlying assumptions concerning the operation of society, the functionality of tort legislations, and the jobs of these concerned with felony adjustments. It recovers the felony and social contexts within which a few landmark judgements got (and which places these judgements in a truly assorted gentle) and attracts realization to major and suggestive circumstances that experience fallen into forget. It additionally explores the theoretical debates of the interval in regards to the nature of tort legislations, and divulges the attention-grabbing styles of impression and tool at paintings in the back of statutory tasks to reform the legislations.

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Extra resources for A History of Tort Law 1900-1950

Sample text

12 The logical conclusion of this analysis arrived in the next chapter, in a passage headed ‘General duty not do harm in modern law’: we can be no longer satisfied in the region of tort with a mere enumeration of actionable injuries. The whole modern law of negligence, with its many developments, enforces the duty of fellow-citizens to observe in varying circumstances an appropriate measure of prudence to avoid causing harm to one another … If there exists, then, a positive duty to avoid harm, much more must there exist the negative duty of not doing wilful harm, subject, as all general duties must be subject, to the necessary exceptions.

Pollock wanted to fill the vacuum left by the forms of action with a rational, morally coherent exposition of principle; Salmond’s stated aim was to provide a work of ‘practical utility’,19 for use by lawyers and students. 20 We should also note a certain paradox. Pollock, as an Englishman writing in London, on the periphery of the Inns of Court, could have been forgiven for saying that tort was as it was because ‘that’s how we’ve always done things here’. Salmond, in Wellington, might have been expected to be driven to formulating a broader justification, especially given his earlier essay on tort theory,21 and an article on precedents J.

The case in question was Stanley v. Powell [1891] 1 QB 86. 66 Landon, ‘The Province of the Law of Tort’, 31. 67 See further Chapter 8. 68 P. Winfield, ‘The Province of the Law of Tort: A Reply’ (1932) 9 Bell Yard 32; W. Stallybrass, ‘Landon v. Winfield: An Intervention’ (1932) 10 Bell Yard 18. 65 28 Part I about tort (and not just tort) was London, and the books to read were the classic practitioner works – like Bullen and Leake on pleadings – or traditional introductory books such as Stephen’s Commentaries.

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A History of Tort Law 1900-1950 by Paul Mitchell


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