ABSTRACT
One of the most enduring themes regarding tort law is that it is a dynamic institution that adapts in response to evolving social conditions and emerging forms of wrongdoing. Thus, centuries ago Pratt LCJ said that ‘torts are infinitely various, not limited or confined’. In the current age, Hoffmann J wrote that tort law ‘is not static’ and added ‘that new forms of tort may develop’. Torts scholars agree. For example, John Fleming observed that: ‘tortious liability is constantly expanding and there is ample evidence that a plaintiff’s claim is not necessarily prejudiced because he is unable to find a specific label for the wrong of which he complains. New and innominate torts have been constantly emerging in the long course of our history and the courts have shown no inclination at any stage to disclaim their creative functions, if considerations of policy pointed to the need for recognising a new cause of action’ …
Goudkamp, James, New Torts (July 26, 2023).
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