DIFFERENT DEGREES OF CONVERGENCE:
A Comparison of Tort Law (Example:
Fairchild v. Glenhaven Funeral Services) and Property Law

Comparative lawyers often argue that, upon close examination, technical differences between legal systems from a particular, e.g. Western, tradition are not as important as they might seem. From a functional viewpoint, these legal systems might in fact be converging. However, various degrees of convergence exist, depending upon the area of the law under examination. In tort law, sometimes a strong degree of convergence can be found, whereas in property law it is much more difficult to find even a limited degree of convergence. Still, also in the area of property law civil and common law show more resemblances than might seem at first glance.

I What is ‘convergence’?

II Tort law: Fairchild v. Glenhaven Funeral Services Ltd.

III Property law

IV Concluding remarks

Notes