Theory of Tort

Question 1

First para

Answer 1

The general principles of tort are concerned with settling disputes between individuals/businesses and individuals/businesses. A tort is a CIVIL wrong, the purpose of the law of tort is to provide remedies when one person has been affected by another’s acts or omissions and put them in the position they were in prior to the tort.

Question 2

Second para

Answer 2

There are public policy considerations for the courts to consider when deciding upon liabiity. Examples in tort:
1) Duty of Care, Caparo specifically considers public policy in the 3rd part of the test, the courts do not want the flootgates of litigation to open and in Hill v Chief Constable for West Yorkshire allowing the claim would have a negative effect on the way the police do their job which is also bad for the public.

2) Psychiatric Injury - recoverability of damages for primary victims is much broader than that for secondary victims, means that there is a potentially huge number of claimants not in the zone of danger and the extent of liability needs to be managed as a matter of policy. I.e Alcock criteria for secondary victims are deliberately restrictive, public policy to prevent the floodgates from opening.

3) Economic loss - There has never been liability for pure economic loss caused by negligent acts, Spartan Steel confirmed as a matter of policy such loss wouldn’t be recoverable. Unless, there is a special relationship and this is right because if someone purports to have special knowledge or expertise in an area and this is relied upon then in the matter of public policy they should be liable for negligent misstatements.

Question 3

Third para

Answer 3

Link to q