Development of Tort Law

Question

Explain the Development of Tort Law?

Answer 1

Before proceeding to the specifics of tort law, it is worthwhile to review how the basis for liability has changed under tort law as society has developed. Originally, the approach taken was one of severe responsibility, so that the person who was through physical cause of injury that was held liable regardless of the reasons for the injury or whether the conduct of the “injurer” was justified. Because this was not perceived as fair, other bases for liability have come into play over the years. However, strict liability still persists in some areas of modern tort law, specifically for activities that are inherently dangerous regardless of the amount of care taken, such as transporting explosives. Strict liability may be imposed by legislation, or the courts may simply raise the standard of care so high that it is tantamount to strict liability.