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Words: | Submitted: Fri Sep 17 2004
... should be actionable in the absence of just cause or excuse,' (the general principle of liability theory) implicating no cause of action would be refuses and the law of tort would forever grow. Whilst, the thought which is supported by Peter Birks, 'argues that the law should be a law of specific, existing torts and no new torts should be created by the Courts, only by statue.' Torts generally fall into three main categories: intentional torts (e.g. intentionally hitting a person); negligent torts (causing an accident by failing to obey traffic rules); and strict liability torts (e.g. liability for making and selling defective products.) Intentional torts are those wrongs which the defendant knew or should have known would occur through their actions or inactions. Negligent torts occur when the defendant's actions were unreasonable safe. In order for an action to be successful when concerning negligence three main factors must ...
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