Download A History of Tort Law 1900-1950 by Paul Mitchell PDF

By Paul Mitchell

A number of the defining positive factors of the trendy legislations of tort will be traced to the 1st 1/2 the 20 th century, yet, formerly, advancements in that interval have by no means got a devoted historic exam. This booklet examines either universal legislations and statutory thoughts, paying distinct realization to underlying assumptions in regards to the operation of society, the functionality of tort legislation, and the jobs of these keen on criminal adjustments. 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 awareness to major and suggestive circumstances that experience fallen into forget. It additionally explores the theoretical debates of the interval in regards to the nature of tort legislation, and divulges the interesting styles of impression and tool at paintings in the back of statutory projects to reform the legislation.

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20. , 20. , 21. , 25. , 25. The allusion is to Tolley v. JS Fry & Sons Ltd [1930] 1 KB 467 (CA); [1931] AC 333, a case where the facts potentially raised issues about the claimant’s right (if any) to control his own image, but where a remedy was found in defamation. 66 In the context of Landon’s article as a whole, this point about workmen’s compensation was relatively minor, but its significance should not be overlooked. Plainly a claim under the workmen’s compensation legislation did not qualify as a tort under Landon’s own test, yet Landon was insisting that it should be included in books on tort.

3 The expansion of law as a university subject also lent greater legitimacy and prominence to general questions about the nature of the subject. The second factor was empire. 4 The C.  Stevens and Sons, 1860).  B. Simpson, ‘The Salmond Lecture’ (2007) 38 Victoria University of Wellington Law Review 669, 670ff. 4 J. Brown and W. ), The Oxford History of the British Empire: Volume IV: The Twentieth Century (Oxford University Press, 2001) particularly the map at 4. 2 Definition and theory 15 result of both of these factors was that a parochial or purely historical explanation – along the lines of ‘We’ve always done things like this here’ – would not have wide appeal.

15 E.  C. Miles, A Digest of English Civil Law (London, Butterworth, 1910). 16 F.  Miles, A Digest of English Civil Law’ (1910) 26 LQR 420, 421. 17 In an important footnote, Salmond acknowledged that Pollock took a different view. He continued: His view that all harm is actionable unless it falls within some specific and recognised ground of justification or excuse is one which I should gladly accept as affording a comprehensive and logical basis for the law of torts; but it seems hard to reconcile it with the actual contents of our legal system.

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