The Evolution from Strict Liability to Fault in the Law of Torts

This article considers how the law of tort has, over a long period, gradually shifted from a no-fault basis of liability to a fault basis, evidenced by the explosive growth in the tort of negligence. Other torts have been slower to move to a fault-basis, and retain significant elements of strict liability. The book argues for a re-calibration of these torts to make them more fault based. It is considered to have both strict and fault based liability within the tort family.