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European Tort Law$
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Cees van Dam

Print publication date: 2007

Print ISBN-13: 9780199227679

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199227679.001.0001

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(p.80) 5 England
European Tort Law

Cees van Dam

Oxford University Press

In England, tort law is characterised by its traditional approach. English common law has its roots in medieval times but is presumed to have been there since time immemorial. In the area of non-contractual liability, there are no rules but only torts that provide a remedy (for example, damages) if something has gone wrong in a particular way. The most important and most general tort is the tort of negligence. This tort imposes liability on someone who has not acted carefully but only if this person owed the other person a duty of care. This latter aspect is the most characteristic feature of English tort law and in a number of tort law areas it still serves as an important obstacle for liability. This chapter discusses the origins of tort law in England, history of tort of negligence, intentional torts to the person, intentional interference with goods, and rules of stricter liability including public and private nuisance.

Keywords:   England, tort law, common law, tort of negligence, intentional torts, intentional interference, stricter liability, nuisance

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