A History of Tort Law 1900-1950 by Paul Mitchell

By Paul Mitchell

The various defining gains of the trendy legislation of tort will be traced to the 1st half the 20th century, yet, previously, advancements in that interval have by no means acquired a devoted ancient exam. This e-book examines either universal legislations and statutory recommendations, paying specific awareness to underlying assumptions in regards to the operation of society, the functionality of tort legislation, and the jobs of these focused on felony alterations. It recovers the criminal and social contexts during which a few landmark judgements got (and which places these judgements in a really diversified mild) and attracts consciousness to major and suggestive instances that experience fallen into overlook. It additionally explores the theoretical debates of the interval concerning the nature of tort legislation, and divulges the interesting styles of impression and tool at paintings at the back of statutory tasks to reform the legislation.

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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. What was needed – or, at least, what seemed to be sought – was nothing less than a proof of the universal validity of English tort law. III The first attempt to provide such proof came in Frederick Pollock’s treatise on tort.

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.

92 Sixteen closely argued pages later, we may feel that he had been too quick to anticipate customer complaints, but that the material was valuable on its own terms. The emphasis on practicality and pragmatism did not stop at the authors’ presentation of their own roles, but extended to the terms of their debates and their criteria of assessment. Thus, the theoretical implications and challenges of workmen’s compensation for tort law were discussed not on their own terms, but in terms of what a book on tort law should contain.

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