Rationalising Tort Law for the Twenty-First Century

Ken Oliphant

Rationalising Tort Law for the Twenty-First Century

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Abstract

This paper starts from the premise that incoherence reigns in large parts of our law of tort and that this is a major barrier to the communication of its key tenets to the wider public and informed debate about its future. It accordingly makes three proposals for rationalising tort law for the twenty-first century: (1) rationalising the bases of tortious liability (do we really need 70+ torts?); (2) separating the functions of compensating loss and protecting rights; and (3) re-framing the debate about the duty of care in terms of protective scope.

Original language	English
Title of host publication	Private Law in the 21st Century
Editors	Kit Barker, Karen Fairweather, Ross Grantham
Publisher	Hart Publishing
Pages	47-65
Number of pages	19
ISBN (Electronic)	9781509908592
ISBN (Print)	9781509908585
Publication status	Published - 12 Jan 2017

Publication series

Name	Hart Studies in Private Law
Publisher	Hart Publishing

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This is the accepted author manuscript (AAM). The final published version (version of record) is available online via Hart Publishing at http://www.bloomsburyprofessional.com/ie/private-law-in-the-21st-century-9781509908585/ . Please refer to any applicable terms of use of the publisher.
Accepted author manuscript, 525 KB

http://www.bloomsburyprofessional.com/ie/private-law-in-the-21st-century-9781509908585/

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Professor Ken Oliphant
- Ken.Oliphantbristol.acuk
- University of Bristol Law School - Professor of Tort Law
- European Law
- Private Law
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Cite this

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AB - This paper starts from the premise that incoherence reigns in large parts of our law of tort and that this is a major barrier to the communication of its key tenets to the wider public and informed debate about its future. It accordingly makes three proposals for rationalising tort law for the twenty-first century: (1) rationalising the bases of tortious liability (do we really need 70+ torts?); (2) separating the functions of compensating loss and protecting rights; and (3) re-framing the debate about the duty of care in terms of protective scope.

M3 - Chapter in a book

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Rationalising Tort Law for the Twenty-First Century

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