trespass to the person - gendered harms

Question 1

which writers said tort is typically insensitive to women’s issues (like sexual harassment not previously being a harm) and tort being quick to respond to male issues like defamation?

Answer 1

Martha Chamallas in 1988

reinforced by Conaghan in 2003

Question 2

which case shows tort getting better at responding to gendered harms?

Answer 2

Lawson 2006

acknowledge impact of battery on dignity, wellbeing and business

Question 3

who suggests tort is becoming increasingly better in responding to gendered harms?

(Tort claims for rape - more trials, fewer tribulations?)

Answer 3

Nikki Godden (2012)

Question 4

who makes reference to the growing civil action for sexual battery?

Answer 4

Feldthusen (1993)

Question 5

who said that private law cases are harder to express as wrong in comparison to public criminal cases where the state is condemning such actions, seems like tort is just compensating rather than punishing?

Answer 5

Dyson (2012)

Question 6

who spoke of crimtorts that can punish and compensate, but would require hybrid prosecutions processes like the scope of probabilities?

Answer 6

Koenig (2007)

Question 7

who spoke of the issues of cost in private law meaning only types of wrongs that are more likely to be compensated are pursued?

Answer 7

Atiyah (1997)

‘the damages lottery’

Question 8

who suggested corrective justice only corrects the wrong while maintaining the harm, and distributive justice would better address power imbalances and issues in society?

Answer 8

Conaghan and Mansell (1999)