Tort theory Q9 Flashcards
Tort theory is linked to Aristotle, as he argues that tort law aims to correct wrongs between individuals. For example in Negligence, compensation restores the injured party
Deterrence theory in tort law suggests that the primary goals of tort law is to discourage people from engaging in risky and harmful behaviours, by imposing legal consequences lie paying damages
This theory is based on the assumption that people act rationally and will change their behaviour if the cost of wrongdoing outweighs the benefits
The policy factors governing liability for pure economic loss and psy injury involve balancing the need for compensation with concerns about potentially limiting liability and the difficulty of establishing causation.
The Caparo 3-part-test used to be the legal test for negligence, however the case of Robinson was brought in to create to more certainty around duty of care and liability
In negligence, the objective standard care is determined by what a reasonable person would do in similar circumstances, considering factors like foreseeability
For example, with opening the floodgates with psychiatric injury. The Alcock test will be used to decide whether a victim is a primary or secondary victim, and the damages each individual can claim. An example of this is the Hillsborough disaster.
Remedies such as an injunction, can be granted based on ‘balance of convenience’ and other factors, like the inadequacy of damages - compensatory damages in lieu of injunction for compensatory damages, to prevent irreparable harm and maintain the status quo, while balancing the conflicting interest of the parties
Vicarious liability is a legal principle where the employer is held responsible for employees’ actions, who caused harm, and tort theory states that business must compensate for employee wrongdoing, this can be linked to the idea as fault since the employer will be liable.
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