Chapter

Introduction to Private and Public Liability in English Law

SIMON WHITTAKER

in Liability for Products

Published in print September 2005 | ISBN: 9780198256137
Published online March 2012 | e-ISBN: 9780191681639 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198256137.003.0008
Introduction to Private and Public Liability in English Law

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At a formal level, the English law of liability is at once more unified and more fragmented than its French counterpart. It is more unified because English law does not traditionally distinguish an entirely discrete category of the administrative law of liability any more than the legal system itself recognises a distinct jurisdiction for the disposal of disputes involving public bodies or of a specially public nature. On the other hand, English law is more fragmented owing to the process of ‘individuation’ which has resulted from the steady accretion of ‘implied’ terms for particular contracts and from the disparate nature of its law of torts. This chapter explains how English law has treated the practical issues of liability for products which have already been discussed in relation to French law, and compares and contrasts them. It starts by explaining English law’s framework for the law of torts and breach of contract and then looks at how English law deals with questions of liability in the administration.

Keywords: English law; liability law; product liability; French law; torts; contract

Chapter.  13996 words. 

Subjects: Comparative Law

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