Wprowadzenie do zagadnienia deliktowej odpowiedzialność za szkody na osobie w systemie common law, ze szczególnym uwzględnieniem Anglii i Walii

Abstract

The article discusses the foundations of tortious liability for personal injury in the common law system, the conditions for establishing such liability, methods of discharge from such liability and how differently these issues are treated in various common law countries. Further, the article explains the essential elements of liability: duty of care, breach of this duty which causes someone’s injury and causation that is a direct causal relationship between breach of duty and injury. The legislation of England and Wales under which this institution developed was taken as a basis for deliberations. However, against this background some American, Canadian and Australian approaches were also discussed. The article concerns important issues, though rarely debated in the Polish legal literature, and constitutes an important piece of knowledge for a legal scholar providing professional insights and prompting both axiological and purely practical deliberations