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European Tort Law$
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Cees van Dam

Print publication date: 2013

Print ISBN-13: 9780199672264

Published to Oxford Scholarship Online: May 2013

DOI: 10.1093/acprof:oso/9780199672264.001.0001

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England

England

Chapter:
(p.93) 5 England
Source:
European Tort Law
Author(s):

Cees Van Dam

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199672264.003.0005

This chapter analyzes English tort law, which is characterized by its traditional approach based on its roots in medieval times. The area of non-contractual liability is not governed by rules but by torts which provide a remedy (e.g., damages) if something has gone wrong in a particular way. There are a multitude of specific torts, but the most important and most general is the tort of negligence. This tort imposes liability on an individual who has not acted carefully, but only if that person owed another person a duty of care. This latter aspect is the most characteristic feature of the tort of negligence, and in a number of areas it is still an important obstacle for liability.

Keywords:   English tort law, non-contractual liability, common law, negligence, duty of care

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