Theories of the Common Law of Torts (opens in new tab)

In common law legal systems, as well as in what are often described as “mixed” common law/civil law systems such as those of Israel and South Africa, most of tort doctrine developed through decisions made by judges addressing private disputes. In the past century and a half, the diversity of common law jurisdictions and the introduction of statutes and competing regulatory regimes have introduced considerable diversity into the common law, in some cases entirely displacing parts of it. Despit...