Torts is an area of law that is sensitive to our changing society. New causes of actions are created by courts

to address changes in technology, business structures and social issues. do you think courts should have the power to create new causes of action to address these issues? if not, how would you propose to address such changes?

The history of American and British common law is that the courts respond to changes in society to attempt to bring about justice and equity. Legislators cannot possibly predict every various scenario that will occur due to changes in society and common law is a flexible living thing that can respond more rapidly, pinpointing the problems and responding to them efficientlly. If the legislature does not like the courts’ tort creations, then the legislature can and rightly does make law to regulate and change the law to what it prefers. This way seems to be working. Of course, the legislature also creates law that changes torts, including workers compensation, insurance regulations and other legislation.

Don Tapscott, author of Grown Up Digital: Meet the Net Generation

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