Tortfeasor - Comparative Law

Comparative Law

In the comparative law of modern tort law, common law jurisdictions based upon English tort law are more similar to each other than civil law jurisdiction, which may be based on the Roman concept of delict, but significant differences exist even in common law countries. For example, in England attorney fees of the winner are paid by the loser (the "English rule versus the American rule of attorney fees. Common law systems include United States tort law, Australian tort law, Canadian tort law, Irish tort law, and Scots Law of Delict. Israeli law of rabbinic damages is another example although tort law in Israeli law is technically similar to English law as it was enacted by British Mandate of Palestine authorities in 1944 and took effect in 1947. There is more apparent split between the Commonwealth countries (principally England and including Canada and Australia) and the United States, although Canada may be more influenced by the United States due to its proximity.

The United States has been perceived as particularly prone to filing tort lawsuits even relative to other common law countries, although this perception has been criticized and debated. As of 1987, class actions were relatively uncommon outside of the United States. As of 1987, English law was less generous to the plaintiff in the following ways: contingent fee arrangements were restricted, English judges tried more decisions and set damages rather than juries, wrongful death lawsuits were relatively restricted, punitive damages were relatively unavailable, the collateral source rule was restricted, and strict liability, such as for product liability, was relatively unavailable. England's welfare state, such as free healthcare through National Health Service, may limit lawsuits. On the other hand, as of 1987 England had no workers compensation system and lawsuits due to workplace injuries were relatively common and facilitated by trade unions, whereas in the United States the system of workers compensation insurance prohibits lawsuits against the employer although lawsuits against third-parties such as manufacturers does occur. The United States also has faced a rise in no-fault insurance for automobile liability in several states. In England, ombudsmen may also take cases which could alternatively become tort lawsuits.

When comparing Australia and the United States, Australia's tort law is similarly state law; however, there is a federal common law for torts unlike the United States. The influence of the United States on Australia has been limited. The United States may have influenced Australia's development of strict liability for products indirectly through legislation affected by European Union, and in the 1990s class actions were introduced in Australia. Australia has universal healthcare and 'welfare state' systems which also limit lawsuits. In New Zealand, a no-fault accident compensation system has limited the development of personal injury torts.