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The Division of WrongsA Historical Comparative Study$
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Eric Descheemaeker

Print publication date: 2009

Print ISBN-13: 9780199562794

Published to Oxford Scholarship Online: September 2009

DOI: 10.1093/acprof:oso/9780199562794.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 28 November 2021

Structuring the English Law of Wrongs

Structuring the English Law of Wrongs

Chapter:
(p.213) 7 Structuring the English Law of Wrongs
Source:
The Division of Wrongs
Author(s):

Eric Descheemaeker

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199562794.003.0007

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.

Keywords:   taxonomy, classification, structure, rights, interests, fault, negligence, fault principle

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