Theories Of Tort

Question 1

What is the definition of public policy?

Answer 1

What is in the public interest/what is good for society.
Every time a law is made the law maker must consider is that law is just and fair.

Question 2

Examples of public policy?

Answer 2

Criminal- Self defence (people have the right to defend themselves as long as the force is reasonable)
Tort- Rescuers will always be allowed to avoid paying compensation as the law doesn’t want to discourage people from helping

Question 3

What are the 3 policy factors?

Answer 3

Loss allocation- who can afford the loss, is there any insurance in place?
Floodgates- will this lead to a high volume of new claims?
Practical impact- sometimes laws are created because there is a standard that needs to be raised.