An Academic Survey of Tort Law and Liability

Authors

  • V. Basil Hans

Keywords:

Tort Law, Civil Liability, Negligence, Duty of Care, Legal Responsibility, and Compensation

Abstract

Tort law is a key part of controlling civil wrongs since it sets the limits of legal behaviour and sets the rules for who is responsible for injury. This article looks at the basic ideas behind tort, law, and culpability, with a focus on how tort law balances people's rights with their duties to society. It looks at important parts of torts, like duty of care, breach, causation, and damages, and it also talks about the main types of torts, like negligence, intentional torts, and strict liability. The research also looks at the goals of tort law, which include compensation, deterrence, corrective justice, and risk allocation. It also looks at current problems including changing ideas about fault, rising liability standards, and the effects of changes in technology and society. By critically assessing judicial interpretations and legal doctrines, the article highlights the continuing relevance of tort law in promoting
accountability and justice within modern legal systems.

References

F. William Miller, "A Primer of Absolute Liability," 1957. Washington University Law

Quarterly Volume: 1957 Issue: 2 Article: Pages 182–188

Fleming, John G. "Tort in a Contractual Matrix." Osgoode Hall Law Journal 33.4 (1995):

-678. DOI: https://doi.org/10.60082/2817-5069.1637

https://digitalcommons.osgoode.yorku.ca/ohlj/vol33/iss4/2

R. W. Wright, "Once More into the Bramble Bush: Duty, Causal Contribution, and the

Extent of Legal Responsibility," 2001. Journal Vanderbilt Law Review State Published in

December

John D. McKinnon, Duty Versus Proximate Cause in the Law of Negligence - A

Comparative Study, 4 Mont. L. Rev. (1943). You can find it at

https://scholarworks.umt.edu/mlr/vol4/iss1/8

R. R. Curren, "Justice and Predictability in Torts," 1988. Caltech Library Humanities

Working Papers (1988), DOI 10.7907/65ybr-m7465.

Schaefer, Hans-Bernd, and Mueller-Langer, Frank, Strict Liability Versus Negligence (2008).

You may find it at SSRN: https://ssrn.com/abstract=2062787 or

http://dx.doi.org/10.2139/ssrn.2062787.

Nancy J. Moore, Restating International Torts: Problems of Process and Substance in the

ALI's Third Restatement of Torts, 10 Journal of Tort Law 1 (2017). Available at:

https://scholarship.law.bu.edu/faculty_scholarship/276

Keith N. Hylton, Intent in Tort Law, 44 Val. U. L. Rev. 1217 (2010). You can find it at

https://scholar.valpo.edu/vulr/vol44/iss4/8

Gregory C. Keating, The Theory of Enterprise Liability and Common Law Strict Liability, 54

Vanderbilt Law Review 1285 (2001) Available at:

https://scholarship.law.vanderbilt.edu/vlr/vol54/iss3/20

(1943) "Impact of the Blackout on Tort Liability," Indiana Law Journal: Vol. 18: Iss. 4,

Section 11. You may find it at https://www.repository.law.indiana.edu/ilj/vol18/iss4/11.

G. Parchomovsky and A. Stein, "Reconceptualising Trespass," 2009. Copyright 2009 by

Northwestern University School of Law Printed in the U.S.A. Northwestern University Law

Review Vol. 103, No. 4

Keith N. Hylton, Causation in Tort Law: A Reconsideration, in Research Handbook on the

Economics of Torts 97 (2013). You may find it at:

https://scholarship.law.bu.edu/faculty_scholarship/185

R. W. Wright, "Liability for Possible Wrongs: Causation, Statistical Probability and the

Burden of Proof," in Symposium, The Frontiers of Tort Law, 2008. Journal Law Review of

Loyola of Los Angeles State

P. N. Swisher, "Causation Requirements in Tort and Insurance Law Practice:

Demystifying Some Legal Causation Riddles," 2007. Tort Trial & Insurance Practice Law

Journal (Vol. 43, No. 1, pp. 1-34)

(1942) "Negligent Failure to Stop Escalator," Indiana Law Journal: Vol. 17: Iss. 3, Section

You may find it at https://www.repository.law.indiana.edu/ilj/vol17/iss3/7

"Statutory Violation Labelled Negligence Per Se," 1942. Journal of Indiana Law

C. Micallef-Grimaud, "Article 1045 of the Maltese Civil Code: Is Compensation for Moral

Damage Compatible Therewith?" 2011.Journal of Civil Law Studies,

Jason Taliadoros, The Roots of Punitive Damages under Common Law: A Longer History,

Clev. St. L. Rev. 251 (2016) can be found at

https://engagedscholarship.csuohio.edu/clevstlrev/vol64/iss2/8

J. M. Rogers and R. Donald Shaw, "A Comparative Negligence Checklist to Avoid Future

Unnecessary Litigation," 1983. Kentucky Law Journal (Volume 72, Issue 1, Pages 25–88)

Robert E. Johnson Jr., Comparative Negligence—The Nebraska View, 36 Neb. L. Rev.

(1957) Accessible at: https://digitalcommons.unl.edu/nlr/vol36/iss2/2

D. K. DeWolf and D. G. Hander, "Assumption of Risk and Abnormally Dangerous

Activities: A Proposal," 1990.

E. Feldman and A. I. Stein, "Assuming the Risk: Tort Law, Policy, and Politics on the

Slippery Slopes," 2010. https://network.bepress.com/

M. Roger Scordato, "Innocent Threats, Concealed Consent, and the Imperative of Strict

Liability in Conventional Fault-Based Tort Law," 2010. https://www.law.edu/

Pollard Sacks, Deana, Intentional Sex Torts (December 2008). Fordham Law Review,

December 2008, Accessible at SSRN: https://ssrn.com/abstract=1130856

K. Simons, "Investigating the Connection between Consent, Risk Assumption, and

Victim Negligence," 2014. 2013•escholarship.org

Keith N. Hylton, The Law and Economics of Products Liability, 88 Notre Dame L. Rev. 2457

(2013). You may get it at: https://scholarship.law.nd.edu/ndlr/vol88/iss5/14

T. E. Carbonneau and C. Garvey, "Judicial Experimentation with a Strict Products

Liability Rule: A Comparison of the Law in the United Kingdom, Louisiana, and United States

Common Law Jurisdictions," 1982

Paola Bertoli & Veronica Grembi, 2018. "Medical Malpractice: How Legal Liability

Affects Medical Decisions," Contributions to Economic Analysis, vol. 127, pp. 235-261,

Emerald Group Publishing Limited. DOI: 10.1108/S0573-855520180000294011

B. J. Tucker, "Tort Liability for Employers Who Create Workplace Conditions

Substantially Certain to Cause Injury or Death," 1989.

J. Bradley Buckhalter, "Speak No Evil: Negligent Employment Referral and the

Employer's Duty to Warn (Or, How Employers Can Have Their Cake and Eat It Too)," 1998.

McIvor, C. (2006). "The Use and Abuse of the Doctrine of Vicarious Liability," Common

Law World Review, vol. 35, no. 4, pp. 268–296. https://doi.org/10.1350/clwr.2006.35.4.268

Michael J. Trebilcock, The Social Insurance-Deterrence Dilemma of Modern North

American Tort Law: A Canadian Perspective on the Liability Insurance Crisis, 24 San Diego L.

Rev. 929 (1987). Available at: https://digital.sandiego.edu/sdlr/vol24/iss4/9

J. McLaren, "The Theoretical and Policy Challenges in Canadian Compensation Law,"

Osgoode Hall LJ, 1985•HeinOnline

D. A. Fischer, "Tort Law: Expanding the Scope of Recovery Without Loss of Jury

Control," 1982. https://www.hofstralawreview.org/

F. Henrique Silva Ferreira, "Technological Change, Accident Prevention, and Civil

Liability," 2012. Final IVR Frankfurt 2011 Abstract Book

S. J. Werber, "Ohio: A Microcosm of Tort Reform versus State Constitutional

Mandates," 2001.

Published

2026-03-29