Tort Law, Risk and Technological Innovation in England

Research output: Contribution to journalArticle (Academic Journal)peer-review

Abstract

This paper considers the impact of technological innovation—and the risks arising from it—on the development of English tort law in the modern era, dating from around 1750. At a time when the old forms of action were losing their grip, unprecedented social changes resulted from the Industrial Revolution and the risks that it created. New mechanisms (insurance, regulation and social welfare) were introduced to control these risks and mitigate their effects. Tort law too was obliged to adapt, and its modern contours bear the mark of this history. However, fundamental questions about the proper function of tort law relative to alternative compensatory and regulatory mechanisms remain to be satisfactorily resolved.
Original languageEnglish
Pages (from-to)819-845
Number of pages26
JournalMcGill Law Journal
Volume59
Issue number4
Publication statusPublished - 2014

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