ABSTRACT
The risks from climate change are not something confined to the future but are materialising now. They impose increasing pressures on society and on the legal system. Who should bear the losses arising from these pressures and by what means might they be distributed to make them sustainable? The article discusses the way in which tort law is reacting, particularly through the tort of nuisance, to claims based on allegations of failure to mitigate or avoid the risks and on allegations of failure to adapt to them. It questions whether tort law, supplemented by insurance markets, will be capable of adequately fulfilling its traditional functions of effective allocation and distribution of losses. If private law and insurance markets cannot cope, there may be a movement towards forms of public regulation and loss distribution mechanisms.
€ (Westlaw)
Lord Sales, ‘Climate change and the future of tort law: responding to systemic risk and expanding liability’ [2025] Journal of Business Law (6) 429-441.
Leave a Reply