History
Part of a series on common law |
English tort law |
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Negligence |
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Trespass |
Occupiers' liability |
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Defamation |
Strict liability |
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Nuisance |
Following Roman law, the English system has long been based on a closed system of nominate torts, such as trespass, battery and conversion. This is in contrast to the Continental legal systems, which have since adopted more open systems of tortious liability. There are various categories of tort, which lead back to the system of separate causes of action. The tort of negligence is however increasing in importance over other types of tort, providing a wide scope of protection, especially since Donoghue v Stevenson. For liability under negligence a duty of care must be established owed to a group of persons of which the victim is one, a nebulous concept into which many other categories are being pulled. But as Lord MacMillan said in the case, "the categories of negligence are never closed".
Read more about this topic: English Tort Law
Famous quotes containing the word history:
“History takes time.... History makes memory.”
—Gertrude Stein (18741946)
“In history the great moment is, when the savage is just ceasing to be a savage, with all his hairy Pelasgic strength directed on his opening sense of beauty;and you have Pericles and Phidias,and not yet passed over into the Corinthian civility. Everything good in nature and in the world is in that moment of transition, when the swarthy juices still flow plentifully from nature, but their astrigency or acridity is got out by ethics and humanity.”
—Ralph Waldo Emerson (18031882)
“I believe that history has shape, order, and meaning; that exceptional men, as much as economic forces, produce change; and that passé abstractions like beauty, nobility, and greatness have a shifting but continuing validity.”
—Camille Paglia (b. 1947)