Structuring the English Law of Wrongs
This chapter starts with an explanation of why such a taxonomical exercise matters; and then looks at the two main models available to structure the law of wrongs, namely a right-based model and a fault-based model. It goes on to argue that a right-based structure has become impossible in the modern law, essentially because of the rise of the wrong of negligence; and that legal scholarship has in fact begun to act upon this realisation, gradually switching its arrangement of the area, if in a piecemeal manner, from a structure loosely based on rights (or interests) to one largely based on degrees of fault.
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