I was delighted to be given the opportunity to contribute to the symposium organized by the Pepperdine Law Review in honor of Allen Linden on the provocative topic: “Does the World Still Need United States Tort Law? Or Did It Ever?” I was asked to provide an Antipodean perspective, which is particularly appropriate for several reasons. Allen Linden is, of course, one of the most distinguished Canadian tort lawyers. He has made major contributions to the subject as a teacher, writer, and judge. Within the common law world there is an important-if informal and somewhat blurred-distinction between the United States and what we might loosely call “the Commonwealth.” Canada and the two Antipodean jurisdictions of Australia and New Zealand belong to this latter grouping, of which England is the mother jurisdiction. Canada, Australia, and New Zealand thus have a shared legal heritage. On the other hand, because of Canada’s geographical proximity to the United States, we might speculate
that its law has been influenced by U.S. law more than either Australian or New Zealand law.

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