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2 Found helpful • 162 Pages • Complete Study Notes • Year: Pre-2021 • Previously uploaded under: LLB240 - Law of Torts
• Torts are common law causes of action. • Tort law is a legal mechanism of which attributes fault to another person. • Tort law is civil wrongs. • Tort prescribes our rights and obligations to each other – “each tort describes, forbids and provides a legal remedy for a particular kind of interpersonal wrongdoing.” Julia Davis, Connecting with Tort Law (OUP 2012) p 10 • Part of a body of law that develops and derives through judicial decisions rather than legislative enactments. As per Mc Hugh J Burnie Port Authority v General Jones Ltd (1994) The genius of the common law is that the first statement of common law rule or priniciple is not its final statement. Rules and principles are modified and expanded by the pressure of changing social conditions and the experience of their practical application in the life of the community. • Kirby made similar observation about the common law of
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