Liability for Unknown Risks: A Common Law Perspective

Martin A Hogg

doi:10.1515/jetl-2016-0007

Article

Liability for Unknown Risks: A Common Law Perspective

Martin A Hogg

Published/Copyright: August 16, 2016

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From the journal Journal of European Tort Law Volume 7 Issue 2

Abstract

In this article, I address the issue of liability for unknown risks from a Common Law perspective. My observations are made principally with English law in mind, but there is also reference to the (mixed) legal system of Scotland as well as to US Common Law (in relation to product liability). In order to set the scene, and in particular to explain the concept of unknown risks, some recitation of basic tort law principles is desirable.

Endnote

This and the following articles are revised versions of lectures given at the 14th Annual Conference on European Tort Law from March 31 to April 2, 2016 in a special conference session on Liability for Unknown Risks. I am grateful for helpful comments provided by Professor Catherine Sharkey of New York University on an earlier version of this article.

Published Online: 2016-8-16

Published in Print: 2016-8-1

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Articles in the same Issue

https://doi.org/10.1515/jetl-2016-0007