A History of Tort Law 1900-1950 by Paul Mitchell

By Paul Mitchell

Some of the defining positive aspects of the trendy legislations of tort should be traced to the 1st 1/2 the 20 th century, yet, formerly, advancements in that interval have by no means obtained a committed old exam. This booklet examines either universal legislation and statutory techniques, paying specific recognition to underlying assumptions concerning the operation of society, the functionality of tort legislations, and the jobs of these concerned with felony alterations. It recovers the felony and social contexts within which a few landmark judgements got (and which places these judgements in a really assorted gentle) and attracts consciousness to major and suggestive instances that experience fallen into overlook. It additionally explores the theoretical debates of the interval in regards to the nature of tort legislations, and divulges the attention-grabbing styles of impact and gear at paintings at the back of statutory projects to reform the legislation.

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A History of Tort Law 1900-1950

The various defining positive factors of the fashionable legislations of tort will be traced to the 1st 1/2 the 20th century, yet, before, advancements in that interval have by no means got a committed historic exam. This ebook examines either universal legislation and statutory thoughts, paying unique recognition to underlying assumptions concerning the operation of society, the functionality of tort legislation, and the jobs of these thinking about criminal alterations.

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Much of Winfield’s first chapter reproduced the ideas from The Province, and the definition of tort he relied on was in identical terms to the earlier work. When he came to discuss the arguments for a general theory of tort, however, it was clear that his thinking had moved on. 75 ‘[I]f we look at what the Judges did, and not merely at what they said’, he continued: Cf. T. ’ 74 Jenks, ‘The Province of Tort in English Law’, 210. 75 P. Winfield, A Text-Book of the Law of Tort (London, Sweet & Maxwell, 1937) 20.

Whilst it might have been just about possible, in England, to sit back and regard tort law as part of the unfolding pageant of English legal history, its application overseas invited – even demanded – a broader and more universal explanation. Writers on tort appreciated and responded to these factors in their own ways. Pollock’s textbook, which from its first edition included his draft code of tortious obligations for India, came to invoke sources and values from outside English law – most notably Ulpian and the Church catechism – to explain the law’s moral role.

The obvious examples would be refinements of the doctrine of frustration in the law of contract, or the principles governing the consequences of frustration in unjust enrichment. We do not expect tort to be affected, since civil wrongs go on with or without national war. As this chapter shows, however, wartime conditions have had an important influence on tort liability that has been both diverse and complex. 2 On the surface this might seem to be an 1 2 Attorney-General v. De Keyser’s Royal Hotel Limited [1920] AC 508.

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