Objectives of Tort Law

Question 1

What is the main function of tort law?

Answer 1

The main function of tort law is to provide the individual who has suffered with a way of enforcing their rights.

Question 2

What is the difference between criminal and tort?

Answer 2

Criminal activity is against society, whereas tort is against an individual.

Question 3

Does privity of contract apply to tort?

Answer 3

The doctrine of privity of contract does not apply in tort cases because there the duty is not towards any specific individual(s), but towards persons generally.

Question 4

What is the objective of tort law?

Answer 4

The aim is to compensate the claimant for the harm done, rather than to punish the wrong doer.

Question 5

In tort law, what impact are damages intended to have on the wrongdoer/potential wrongdoers?

Answer 5

Damages in tort are also intended to act as a deterrent to wrongdoing, in common with punishments in criminal matters.

Question 6

The law of Tort can be characterised as having four main objectives which are:

Answer 6

1. The protection of legitimate interests
2. The provision of compensation when those interests are infringed.
3. Establishing normative standards of behaviour; and
4. Providing those who have suffered harm with some form of retribution.