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Torts and Rights - Oxford Scholarship Online
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Torts and Rights

Robert Stevens


The law of torts is concerned with the secondary obligations generated by the infringement of primary rights. This apparently simple proposition enables us to understand the law of torts (plural) as we find it in the common law. A rival (mis-) conception — exemplified judicially by the decision of the House of Lords in Anns v Merton and academically by Oliver Wendell Holmes' The Common Law, is that the law of tort (singular) is concerned with compensating those who suffer loss because of the fault of another. In order to make good the book's major theoretical claim, the detail of legal doctrin ... More

Keywords: torts, tort, Holmes, rights, fault, negligence, comparative law, common law, obligations, human rights

Bibliographic Information

Print publication date: 2007 Print ISBN-13: 9780199211609
Published to Oxford Scholarship Online: January 2009 DOI:10.1093/acprof:oso/9780199211609.001.0001


Affiliations are at time of print publication.

Robert Stevens, author
Professor of Commercial Law, University College London, Barrister, and formerly Lecturer at the University of Oxford, and Fellow of Lady Margaret Hall