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Article contents
Issues in the Law of Torts
Published online by Cambridge University Press: 16 February 2016
Extract
In a recent article, Prof. Izhak Englard reviewed the salient developments in tort law over the last decade. These developments are:
(a) Deciding the question of the internal structure of the Civil Wrongs Ordinance as regards the relationship between the general and the specific torts.
(b) Extension of tortious liability for negligence, and the crystallization of the conceptual framework of that tort.
(c) Expanding the scope of the tort of breach of a statutory duty by allowing the unimpeded inclusion of statutory duties within the scope of the Civil Wrongs Ordinance.
(d) Removal of the umbrella erected by the case law in order to shield the State and its agencies from liability for negligence and the breach of a statutory duty, and the equation of the position of the State to that of other tortfeasors.
- Type
- The Codification of Civil Law and the Law of Torts
- Information
- Israel Law Review , Volume 24 , Issue 3-4: Israel Law—Forty Years , Summer–Autumn 1990 , pp. 651 - 656
- Copyright
- Copyright © Cambridge University Press and The Faculty of Law, The Hebrew University of Jerusalem 1990
References
1 Englard, , “The Role of Courts in the Recent Developments of Tort Law — Self-Image and Reality” (1985) 11 Iyunei Mishpat 67Google Scholar.
2 Civil Wrongs Ordinance (New Version) (2 L.S.I. [N.V.] 5).
3 Secs. 35-36 of the Ordinance, ibid., at 14.
4 Sec. 63 of the Ordinance, ibid., at 20.
5 Supra n. 1, at 68.
6 Carmeli v. State of Israel et al. (1987) 41(iii) P.D. 757, at 776-778.
7 Ibid.
8 Road Accident Victims Compensation Law, 1975 (29 L.S.I. 311).
9 See Schulmann v. Zion Insurance Company Ltd. (1988) 42(ii) P.D. 844.
10 Defective Products (Liability) Law, 1980 (34 L.S.I. 92).