ASSAULT ON THE LAW OF TORT

DOIhttp://doi.org/10.1111/j.1468-2230.1975.tb01407.x
Date01 March 1975
Published date01 March 1975
AuthorEdward Veitch,David Miers
ASSAULT
ON
THE
LAW
OF
TORT
THE
objects of this article are: to describe generally the shrinking-
process of the traditional tort law,' to question the theoretical bases
of the proposals for the replacement of much of that law and in
particular to outline the scope and operation, with regard to tort
law,
of the often-neglected scheme for the compensation of victims of
crimes
of
violence.
GENERAL
PART
When Charles Greenstreet Addison wrote the preface to his
"
Wrongs
and their Remedies
"
a
in the middle of
1860
he did not attempt to
define a tort nor did he offer any speculation as to the function of
this part of the common law, but he was able to list exhaustively the
redressable wrongs recognised by the law. His list included: wrongful
infringements of the rights and privileges incident to the ownership,
possession, use and enjoyment of land; nuisances and injuries arising
from the negligent use of land; injuries to lands and properties from
waste, fire and negligence; injuries from trespasses and unlawful
entries on land in disturbance of possessory and proprietary rights
of
occupiers and landlords; wrongful seizure and conversion of
chattels; injuries from the negligent use and management
of
chattels
and the negligent performance of work; injuries from negligence and
breach of duty on the part of bailees, common carriers, and common
innkeepers; wrongful distress and sale of things distrained; assault,
battery and wrongful imprisonment; malicious arrest, prosecution,
and malicious abuse of legal process; trespasses and injuries com-
mitted in the execution of void or irregular legal process, or in the
execution
of
warrants and orders of justices; injuries resulting from
the exercise or intended exercise of statutory powers; injuries from
libel and slander; fraudulent misrepresentation and deceit; fraudulent
concealment, breach
of
warranty and false pretences; matrimonial and
parental injuries; and adultery and seduction.
In
short, in the mid-nineteenth century the common law of tort was
well-nigh inviolate, retaining an inordinate emphasis on damage to
land and on intentional injuries.
The only legislative encroachments had been the Fires Prevention
(Metropolis) Act
17743
and the Fatal Accidents Act of
18464
which
reversed the rule in
Baker
v.
Bolron.6
The first edition of Addison
1
For some recent opinions see Stoljar,
"
Accidents, Costs and Responsibility
"
(1973) 36
M.L.R.
233;
O'Connell,
"
No-Fault Insurance
for
Great Britain
"
(1973) 2
I.L.J.
187;
Williams,
"
State Financial Benefits in Personal
Injury
Cases
"
(1974) 37
M.L.R.
281
;
Harris,
"
Accident Compensation
in
New Zealand:
A
Comprehensive
Insurance System
"
(1974) 37
M.L.R.
361
;
"
No
Fault
on
the Roads
"
(Justice.
1974).
2
A
Treatise
or1
rhc
Law
of
Torrs
(London,
1860).
3
14
Geo.
3,
c.
78.
9
&
10
Vkt. c.
93.
5
(1808)
1
Camp.
493; 170
E.R.
1033.
The rule
being
that
no
one could recover
4
damages in tort
for
the death
of
another.
139

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