Chapter Ⅰ　INTRODUCTION

Tort originated from an ancient wrong of twisting another – an uninvited and unwelcome touch or a trespass of that other’s body – which resulted in the bodily injury.In England,since it was a breach of the King’s peace,it was originally treated as a criminal offense,and as such the defendant would be treated as a criminal,with criminal penalties when indicted.

In the common law system,the law of torts remains very much the case law,perhaps for one reason: all torts investigations involve determination of negligence,and negligence would necessarily mean the breach of some duty of care toward others.And for that reason,it is hard – if not impossible – to predefine a legal duty under different situations without considering the factual surroundings over the occurrence of an event.

Normally,we do not owe any duty of care,general or special,toward another unless under privity;everyone should and is supposed to watch for the best of his own interest.

For example,when you walk down the street,the person next to you falls for some unknown reason and has a broken ankle.You are not to be blamed merely because you are the closest to him (with quite a comfortable distance,though),or simply because you are the first to notice his fall.(https://www.daowen.com)

In another example,a person is injured by a large ashtray falling from above while he is walking between two apartment buildings.No one admits it.So a court holds all residents responsible – unless he can prove otherwise – to do “fairness”for the victim in the court’s words.[1] This would mean that by being a resident,one could be held “strictly” liable for anything and everything that happens which can remotely be traced to his being there.What is butterfly effect?

The result of the ashtray case was highly appraised by one notable scholar(who,perhaps,has a significant role in drafting the current statute of Tort Liability Law) that “fairness” dictates sufficient compensation under strict liability.[2]