Watchers of tort law and its development can't have failed to notice its drift from strict liability to fault. When and why did this occur?
This is what this important new monograph explores, as well as those unintended consequences of this evolution. Opening with an overview of the history of strict liability and fault; it moves on to critique various theories presented to explain its evolution. Finally, it looks at specific fields of tort law; namely negligence and defamation.
Ambitious in scope, tracing both principles from their earliest iterations, it looks at the question from a broad common law perspective. This book is a significant contribution to a debate that has long occupied scholars of private law.
This is what this important new monograph explores, as well as those unintended consequences of this evolution. Opening with an overview of the history of strict liability and fault; it moves on to critique various theories presented to explain its evolution. Finally, it looks at specific fields of tort law; namely negligence and defamation.
Ambitious in scope, tracing both principles from their earliest iterations, it looks at the question from a broad common law perspective. This book is a significant contribution to a debate that has long occupied scholars of private law.
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