Nobody downloaded yet

Tort law should not and could not be used to achieve distributive goals - Essay Example

Comments (0) Cite this document
Summary
Tort law can be described as law that compensates individuals for harm done by the unreasonable action of the other. These types of cases are also called personal injury cases. Such laws should and could not be used to achieve distributive goals. …
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER97.2% of users find it useful
Tort law should not and could not be used to achieve distributive goals
Read TextPreview

Extract of sample "Tort law should not and could not be used to achieve distributive goals"

Download file to see previous pages Tort law cannot achieve distributive goals and this attempt would be illegitimate, undesirable, ineffective and non feasible. For instance tort law cannot meet the progressive redistribution of wealth from rich to poor but it is the other way round. Tort law cannot advance the status of groups that are disadvantaged in society since in so many ways it runs short of fairness and that the bottom line is compensation.
Social rationality and resource allocation is against the less social valued in society practicing tort law. Tort law cannot achieve distributive goals because it is full of indifference. It is questionable that omissions in tort law are often treated as incurring less liability than acts. Treatment of omission is different from that of acts therefore tort law is law of indifference as in Slovin v Wise (1996) 3 WLR 389. Responsibility for omission is less than that for acts even if damage was identical. It is argued that limiting responsibilities for an individual especially in relation to obligation is the duty of state. In Liability for omission, a distinction is drawn between misfeasance where a party is negligent and nonfeasance where a party does nothing at all. The general rule is that there is no liability for an omission (Slovin v Wise (1996) 3 WLR 389). In justice and rights, morality places an obligation on every individual to save life whenever it is possible. A person watching a small child drown in swallow water is morally obliged to save that child. The law of omission in tort gives a leeway. Tort law is a law of monetary compensation and in cases of omission there is no financial claim that results from nonfeasance. In tort, the value of social justice cannot be realized. For instance, Party intervened during an incident that leads to injury is view as less responsible if some third party comes in and causes subsequent harm. Attention is therefore shifted from the negligent act of the defendant toward the immediate wrong inflicted by the third party. It is unjust to say that the original negligent act exemplifies the fact that where injury to property is caused though fault of another party the other party is liable to compensate for the injury caused. It goes without saying that the perpetrator of careless act should be held responsible for injuries caused through there unreasonable behaviour. in Baker v Willoughy (1970) HL the court in the case held that the duty of the motorist and pedestrian with regard to keeping a proper look-out were different; appointment of liability, 25% to pedestrian and 75% to driver. Three years later before a decision on the case was made the claimant was shot during armed robbery in the previously injured led. D still had to make full payment despite the supervening injury because the injury did not rise by accident or lantern condition. The facts of this case demonstrate clearly that tort law cannot achieve distributive goals. For justice to prevail everyone should bear responsibility for their own act. Criminal justice call for a sentence toward the offender in equal measures to the wrong done. If the offender will be a threat to the public, justice and rights of individuals provide for imprisonment. The outcome of tort law can be so unpredictable and economically it may seem difficult to measure permanent damages especially those related to health in monetary terms. In addition, foreseeable consequences ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Tort law should not and could not be used to achieve distributive Essay”, n.d.)
Tort law should not and could not be used to achieve distributive Essay. Retrieved from https://studentshare.org/law/1449648-tort-law-should-not-and-could-not-be-used-to-achieve-distributive-goals
(Tort Law Should Not and Could Not Be Used to Achieve Distributive Essay)
Tort Law Should Not and Could Not Be Used to Achieve Distributive Essay. https://studentshare.org/law/1449648-tort-law-should-not-and-could-not-be-used-to-achieve-distributive-goals.
“Tort Law Should Not and Could Not Be Used to Achieve Distributive Essay”, n.d. https://studentshare.org/law/1449648-tort-law-should-not-and-could-not-be-used-to-achieve-distributive-goals.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Tort law should not and could not be used to achieve distributive goals

Tort Law

...in this case are, Alan, Emma, Charlie and Donald. Alan can claim against the Maid Marion Gas Company for nervous shock and negligence. In tort law, Negligence is depends on the existence of a contravention of the obligation of care, owed by one person to another. Alan came home later, subsequent to the fire, and saw that his pub had been completely destroyed. He was so distress that he is till date suffering from insomnia and nervousness. Company should take due care for preventing any kind of the leakage. Gas is such a hazardous substances and leakage of gas can create lots of tragedy in the society. And also, it will create environmental pollution in the society. Here the leakage is...
3 Pages(750 words)Assignment

Tort Law

.... For instance, they may write that the publication was innocent, without malice or gross negligence (Elliot & Quinn 2007). Advice Ahmad should be ready to face the tort of trespass on persons, battery. He should insist that he never used excessive force. Otherwise, he should emphasize the magnitude of the defamatory statement in his political life. Bibliography Elliott, C., Quinn, F. 2007. Tort Law. London: Pearson Longman Goldberg, J.C.P. & Benjamin, Z.C. 2010. The Oxford Introductions to U.S Law Torts Paperback. London: Oxford University Press Turner, C. & Hodge, S. 2007. Unlocking...
12 Pages(3000 words)Essay

Tort law

...? Tort Law of the of the Tort Law Nervous shock is the term used by the legal profession for psychiatric injury. Such injury can be accompanied by physical symptoms. For instance, a heart attack could be engendered by psychiatric injury. A claimant for nervous shock has to submit evidence of having undergone serious psychiatric injury. Moreover, such psychiatric injury should be other than passing sorrow or fear. Such claims have to be supported by medical evidence, and the judiciary has depicted willingness to lend credence to claims entailing nervous shock.1 In order to advise Newns store in respect of its liability...
7 Pages(1750 words)Essay

TORT LAW

...?TORT ESSAY In Fred’s situation, the legal regulations regarding the law of tort should be applied. The will thoroughly analyze the situation based on the possible claims that Fred might have and provide legal solutions for each matter. The law of torts will be widely applied in this essay, due to the fact that it “will often help us not only to justify the existence of liability, but also guide us to determining the extent of the tort.”1 1. Fred’s claim against Paul regarding the capital gains tax I believe Fred is entitled to sue Paul for the suffered economic loss because of the...
6 Pages(1500 words)Essay

TORT LAW

...of warning was recognized by the visitor then the liability of occupier would be absolved. However, s.2(4)(a) stated that all circumstances should be taken into consideration and a warning in itself should not be used to automatically exclude liability(Phipps v. Rochester Corporation)3. Where there is existent an excessive amount of danger then additional precautions should also be undertaken by the occupier. In respect of the facts at hand clearly there was a possibility of injury being caused and this should have been thought of by Eric when getting the installation done. Furthermore, in respect of Florence since she was a lawful...
10 Pages(2500 words)Essay

Law - Law of Tort

...?Law of Tort As a branch of civil laws, law of tort came into existence at the beginning of the nineteenth century although most developments in the subject were achieved later. The law of tort is concerned with civil crime unlike the common branch of criminal laws. The law is concerned with claims where the defendant has broken important responsibilities imposed by the common law leading to losses or injuries (Yeats, Giliker, & Luckham, 2005). In most cases, people who have suffered injuries apply law of tort to seek...
9 Pages(2250 words)Essay

Tort Law

.... In the tort law, the duty of care is that legal obligation that is imposed upon a person requiring that the individual stick to the standard of reasonable care in course of executing any acts that can foreseeable harm other individuals. In order to establish whether there was an act of negligence in this case or not, there is need to first consider if the Healthy Organics Ltd, Maahir, Harry, the paramedics, Fred as well as the Surgeon who used a \ new non-invasive technique who can be regarded as defendants in this case, owed the plaintiffs (the affected individuals) a duty of care. In other words, are the five reasonably responsible for the injuries sustained by Syed, Maisy, Tom,...
8 Pages(2000 words)Essay

Tort law

...? Tort law Tort Law Tort law is one of the widely applied laws in the English common law. It cuts across from the social to theprofessional fields. It is widely used as a measure to govern the people against any form of injury or harm from those people who are considered to be responsible of their well-being. In essence, it provides civil action against people who fail to act responsibly towards their duty and hence causing harm to those under their care. Due to its common use in determining court cases, a few matters have risen a point of concern in this...
4 Pages(1000 words)Essay

Tort Law

...as a result of a snail in her ginger beer bottle and she brought a claim against the manufacturer for damages. It was held in this case that even though the appellant had not bought the ginger beer and therefore had no rights under the law of contract, she could successfully pursue a claim against the manufacturer in the law of tort. Lord Atkin asserted that a manufacturer owed a legal duty of care to the ultimate consumer of his product. In discussing duty of care as a legal concept, Lord Atkin established the “neighbour” principle”2. Lord Atkins went on to define the term “neighbour” in the legal sense as being “persons who are so closely and directly affected by...
6 Pages(1500 words)Essay

Tort Law

...Tort Law TORT LAW Question In the first case, Omar can claim damages from McNulty for psychological injury. This is because a doctor has diagnosed him PTSD arising from the accident caused by McNulty, which is a defined illness relatable to occurrences after an accident. Since events from Omar Little’s past could cause his PTSD and the accident by itself could not result in such an occurrence, he could claim that experiencing flashbacks from the crash that have exacerbated his childhood experiences. However, it will be essential for him to get an expert clinical psychologist or psychiatrist, rather than a general...
3 Pages(750 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Tort law should not and could not be used to achieve distributive goals for FREE!

Contact Us