Tort Theories and Tort Statutes

Journal article

Although the legislature has made significant inroads into tort law, tort theorists have focused their attention overwhelmingly on the common law. Serious consideration has never been given to the challenges that statutory tort law poses for theories of tort law. In this article we begin to redress this omission by examining the implications of statutes for corrective justice and rights-based theories of tort law. Our central task is to determine whether these leading theories accurately expl...

Expand abstract

Authors: Goudkamp, J; Murphy, J

• Publication status: Published
• Peer review status: Peer reviewed
• Publisher: Sweet and Maxwell Publisher's website
• Journal: Law Quarterly Review Journal website
• Volume: 131
• Issue: 1
• Pages: 133-159
• Publication date: 2014-06-14
• ISSN: 0023-933X
• Keywords: corrective justice; legislation; illegality defence; distributive justice; private law; prescriptive theory; contributory negligence; limitation bars; privileges; Tort theories; descriptive theory; restitutio in integrum; fatal accidents; statutes; immunities; policy; rights theories