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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Torts / delicts
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The Evolution from Strict Liability to Fault in the Law of Torts (Paperback)
Loot Price: R1,539
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The Evolution from Strict Liability to Fault in the Law of Torts (Paperback)
Series: Hart Studies in Private Law
Expected to ship within 9 - 17 working days
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Gradually, the law of tort has shifted away from a strict-liability
approach to one where fault predominates. This book charts
important case law documenting this shift. It seeks to understand
how and why it occurred. Given that the Rylands v Fletcher decision
is typically seen as a prime exemplar of strict liability, it
focusses particularly on that case, as part of the historical
development of tort law. It considers the intellectual arguments
made in favour of strict liability, and for fault-based liability.
Having done so, it then focusses on particular areas of the law of
tort, including nuisance, defamation and trespass. It is somewhat
anomalous that though most would view these as examples of torts of
strict liability, fault considerations have become prominent in
their application. This presents an uneasy compromise, where torts
that are notionally strict in nature are infused with fault
considerations, often through exceptions or defences. This book
advocates for further development in the law of tort to better
reflect a primarily fault-based approach to liability, at least in
the common law. This would make the law of tort more coherent.
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