The common law involves a continuous process of evolution whereby old rules are modified and new rules are created to meet demands of a changing society. The author discusses Justice Tobriner's contributions to this process in the field of tort law as reflected in his decisions. These decisions place less emphasis on the fault of the parties and show more sensitivity towards the ability of the parties to prevent the injury, to absorb the loss, and to carry the burden of explaining the cause of the injury.
Ellis J. Horvitz,
Justice Tobriner's Tort Decisions: A Reaffirmation of the Common Law Process,
29 Hastings L.J. 167
Available at: https://repository.uchastings.edu/hastings_law_journal/vol29/iss1/8