are still important today. This knowledge will make you appreciate where one
Tort begins and ends. Each Tort has specific ingredient which must be known in
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advance. Some understanding of the
Old Forms of Action
is still very important
today. To one who is wholly ignorant of the old Forms of Action many of the
older authorities on Tort will appear unintelligible and misleading.
READ: FREDERICK POLLOCK, Law of Torts, 1st Edition, pages 21-23; 13th
Edition, pages 1-2, 6, 20-23; (1902) 22 Law Quarterly Review; (1910) 26 Law
Quarterly Review 421; (1927) 43 Law Quarterly Review 149; (1931) 47 Law
Quarterly Review 589.
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3. Foundations of Tortious Liability
You will later observe that some cases, texts and journals you will frequently
refer bear the title: LAW OF TORT. Many others are titled LAW OF TORTS. The
two approaches to the definition and understanding of the Law of Tort
symbolises a raging debate whether Tortious Liability:
is:
LAW OF TORT
or
LAW OF
TORTS?
Salmond posed the question whether the Law of Torts:
consist of a fundamental general
principle that it is wrongful to cause
harm to other persons in the absence
of some specific ground of justification
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or excuse
,
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