Torts 06
Torts 06 : Comparative Law: In the comparative law of modern tort law, common law jurisdictions based upon English tort law are more similar to each other than civil law jurisdiction, which may be based on the Roman concept of delict, but significant differences exist even in common law countries. For example, in England attorney fees of the winner are paid by the loser (the English rule versus the American rule of attorney fees). Common law systems include United States tort law, Australian tort law, Canadian tort law, Irish tort law, and Scots Law of Delict. Israeli law of rabbinic damages is another example although tort law in Israeli law is technically similar to English law as it was enacted by British Mandate of Palestine authorities in 1944 and took effect in 1947. There is more apparent split between the Commonwealth countries (principally England and including Canada and Australia) and the United States, although Canada may be more influenced by the United States due to its proximity. The United States has been perceived as particularly prone to filing tort lawsuits even relative to other common law countries, although this perception has been criticized and debated. As of 1987, class actions were relatively uncommon outside of the United States. As of 1987, English law was less generous to the plaintiff in the following ways: contingent fee arrangements were restricted, English judges tried more decisions and set damages rather than juries, wrongful death lawsuits were relatively restricted, punitive damages were relatively unavailable, the collateral source rule was restricted, and strict liability, such as for product liability, was relatively unavailable
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