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56 Pages • Complete Study Notes • Year: Pre-2021 • Previously uploaded under: LAW203 - Torts
• (David Owen, ‘Why Philosophy Matters to Tort Law’ in David Owen (ed), Philosophical Foundations in Tort Law (Clarendon Press, Oxford, 1995) 7) = The law of torts concerns the obligations of people...to respect the safety, property and personality of their neighbours...[Torts] involves questions of how people should treat one another and the rules of proper behaviour that society imposes on each citizen for avoiding improper harm to others, and for determining when compensation for harm is due • The law of torts concerns the obligations of persons living in a crowded society to respect the safety, property, and personality of their neighbors, both as an a priori matter [that is, a matter of cause and effect] and as a duty to compensate for wrongfully caused harm, ex post [after the fact]. • Tort law, in other words, involves questions of how people should treat one another and the rules of proper behaviour that society imposes on each citizen for avoiding improper harm to others, and for determining
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