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A Historical Introduction to the Law of Obligations$
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David Ibbetson

Print publication date: 2001

Print ISBN-13: 9780198764113

Published to Oxford Scholarship Online: February 2010

DOI: 10.1093/acprof:oso/9780198764113.001.0001

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4. The Substantive Law of Torts

4. The Substantive Law of Torts

(p.57) 4. The Substantive Law of Torts
A Historical Introduction to the Law of Obligations


Oxford University Press

This chapter begins with a discussion of how the substantive law of torts in the Middle Ages was inherently messy, mainly because the law of torts always responds retrospectively to alleged wrongdoings. It then discusses strict liability and the role of fault and the scope of trespassory liability.

Keywords:   law of torts, strict liability, medieval law, fault, trespassory liability

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