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Report No. 62

1A.13. Trend of Developments.-

It would be of interest to refer to an analysis of the trend of developments by Warren A. Seavey. He says1-

"In determining whether there is tort liability when harm has been caused, the focal point of conflict has been whether one should be liable for harm irrespective of fault. The law has been in a state of flux in its desire to protect the two basic interests of individuals-the interest in security and the interest in freedom of action. The protection of the first requires that every person who has been harmed as a result of the activity of another should be compensated by the other irrespective of his fault; the protection of the second requires that a person who harms another should be required to compensate the other only when his activity was intentionally wrongful or indicated an undue lack of consideration for the interests of others. At any given time and place the law is the resultant derived from the competition between these two basic concepts."

1. Warren A. Seavey Principles of Torts, (143), 56 Harvard Law Review 56, 72, reprinted in Selected Essays on Law of Torts (Harvard, 1959), pp. 1, 2.



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