Aims Of Tort

Question 1

What does negligence achieve for the victim?

Answer 1

1 Compensation
2 Justice
3 Morality
4 Deterrent
5 Loss distribution

Question 2

Is compensation & justice usually achieved by tort law?

Answer 2

Usually achieved e.g thin skull test Smith v Leech brain

Question 3

Who’s favour does the objective standard favour?

Answer 3

The victim (Nettleship v Weston)

Question 4

Do victims always get justice? Why might they not?

Answer 4

No, sometimes need to prevent floodgates (Alock v CCOSYP crush at football game)

Question 5

Is morality in terms of fault usually achieved? Why?

Answer 5

Yes
Person/defendant rarely loose out as vicarious liability and insurance
Fair as when not at fault can’t be sued (Doughty v Turner Manufacturing)

Question 6

Does tort law act as a deterrent effectively?

Answer 6

Yes
Companies take greater care vicarious liability and OLA

Question 7

Does tort law fail to achieve loss distribution?

Answer 7

No
Most costs met by firms and insurance companies

Question 8

What are two reforms for the aims of tort?

Answer 8

Government pays (New Zealand didn’t work)
Can’t always claim due to policy grounds