Voluntary Assumption of Tort Liability in English Law: a Paradox?
Voluntary assumption of liability is an idea that naturally belongs to the province of the law of Contract. It is the obvious basis of contractual liability. It is not an obvious basis of liability in Tort or Delict, where traditionally obligations have been seen as imposed ex lege. This paper examines recent developments in the English law of negligence that have placed this idea at the centre of tortious liability, analyses this concept and considers the implications of these developments for the future of both Tort and Contract.