Conclusion

Broadly speaking, you can trace a development from vague and differing notions of fault, through to a central role for it in European legal systems. To some extent that role remains today, though there are commonly pockets of stricter liability. The writings of academics has often served to provide ideas and possible techniques which the legislator or the judge can use to develop the law. It may be true that English academics write books that reflect the current decisions of the courts. But it is also true that academic writing creates a climate in which certain decision by courts and legislators are more acceptable. It might also be the case that there are areas of looser liability, although this has not been discussed here in detail. One such area is the law of medical liability, on which see the Medical Liability Case Study.

Isn't there a way where we can both be right?