Tort Law Reform

Question 1

What does law reform mean

Answer 1

Process of changing and updating laws so that they reflect the current values and needs of modern society

Question 2

Who is the law commission

Answer 2

Main law reform body, set up in 1965 by Laws Commissions Act 1965, consists of a chairman (high court judge) and 4 other law commissioners

Question 3

What is the role of the law commission

Answer 3

Keep the law under review with a view to its systematic reform

Question 4

How successful is the law commission

Answer 4

1965-2016 66% of reform reports became law

Question 5

Examples of recent reforms

Answer 5

Coroners and justice act 2009- abolished law of provocation to murder and introduced loss of control
Consumers rights act 2015- consumers legal right to reject faulty goods and the right to a refund if they act within a reasonable time

Question 6

What is codification

Answer 6

Bringing together all the law on one topic into one complete code of law (Fraud act 2007)

Question 7

What is consolidation

Answer 7

Combining the law from several acts of parliament into one act of parliament (Offences against the persons act 1861)

Question 8

What is repeal

Answer 8

Acts that no longer apply are cancelled out of existence (Theft act 1968 repeals Larceny act 1916)

Question 9

Advantages of law reform through the commission

Answer 9

Areas of law are researched by legal experts, it is non-political, commission consults before finalising its proposition, whole areas of law can be considered, can modernise law

Question 10

Disadvantages of reform through the commission

Answer 10

Failure of parl to implement reforms, lack of parliamentary time, gov does not follow all recommendations, gov does not have to consult commission on changes to law