Adam B
Many torts have been codified, but almost all of them originate in the common law.
Anthony B
Most tort law comes from common law.
Just to be clear, statutory law is codified by statute, meaning federal, state, or local laws. Tort law, which is civil, is based on common law, which is based mostly on legal precedence.
This is why you often hear of "tort reform".
Damien T
Almost all tort law is from common law. There are some degrees of codification, but for the most part it is still common law.
R&KBen
Common law, which is changing all the time. Procedures and rules concerning the application of the common law are contained in statutes, but the basis for torts is case law,
Dave M
Tort law is mostly comes from case law. However, statutes have recently been used to create causes of action that were traditionally unavailable at the common law; for example, wrongful death suits and loosening up governmental immunities.
Most of tort reform take place in statutes. Statutes have been used to modify much of the common law of torts. For example, in Michigan the No fault insurance act makes it so that for automobile negligence you must have sustained very serious injuries.
Orignal From: Q&A: Does most Tort law (like Negligence, Battery, and Defamation) come from Statutory law or Common law?
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