Volume XI: Torts | Chapter 1 (1974): Introduction
Completed in June 1973
4. The problem. – Before embarking on any further research, logic demands an attempt to try to define and delimit the subject matter of the study undertaken. Unfortunately, such an endeavour is not an easy one.
A. The Concept of Tort
i. Some Definitions in the Common Law Countries
5. In the common law world reference is often made to Winfield’s definition: “Tortious liability arises from the breach of a duty primarily fixe…