oa Comparative and International Law Journal of Southern Africa - The tort liability of children under the laws of England and France



Under the English law of torts, civil wrongs can be conveniently divided into three groups : torts of strict or absolute liability ; torts in which malice or intention is an integral element ; and the tort of negligence (or, perhaps more accurately, torts in which negligence is a pre-requisite of liability) . Although there are so few cases on the topic that it is somewhat hazardous to venture an opinion, it would seem that the position of the infant defendant varies according to which group the tort, under which he is sought to be made liable, falls into.


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