The Historical Development of the Fault Basis of Liability in the Law of Tort

This chapter seeks to understand the general shift in the law of tort, over centuries, from a primarily strict liability system to a fault-based system. At inception, the law was designed to deter the blood feud between individuals as a way of ‘resolving’ conflict. In that context, legal principles that made a person who caused injury to another liable, regardless of the circumstances, were understandable. However, a shift occurred in the law. The law began to take into account the extent to which the plaintiff’s injuries could be said to be the fault of the defendant. All the circumstances of the events, rather than the simple fact or injury and causation, began to be considered. It is important to understand the timeframe over which this has occurred and why it occurred. Such learning may give us fresh insights into possible future reforms in tort law