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Blame or Compensation Culture Explained - Assignment Example

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This assignment "Blame or Compensation Culture Explained" discovers judges' attitude towards blame culture, as well as Atiyah’s Position on Blame Culture Fostered by Judges.
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Blame or Compensation Culture Explained
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Download file to see previous pages The possibility of having a flood of claims and a malpractice crisis which may be a pretentious claim is perceived as a threat (Mullender, 2006).
Judges however give the impression that they are tackling a real problem that besets the society and not merely a potential problem (2006). Immunity from negligence liability, which benefited barristers, has now been disregarded by the House of Lords (Arthur Hall & Co v Simons, 2002). Hence in cases where there is a failure to warn patients of the possible risks in connection with an impending treatment, the medical practitioners may incur liability for such failure (Chester v Afshar, 2004). Not only those cases related to medical practice are involved, but this professional negligence extends to other areas of professional activity such as information technology (Powell & Stewart, 2002). The Compensation Act 2006 which received Royal Assent on 25 July 2006 explains the law of negligence and breach of statutory duty; damages for mesothelioma; and the regulation of claims management services in order to regulate such claims (DCA, 2006).
Blame culture may be both positive and negative (Mullender, 2006). It is positive in such a way that it is ‘morally right’ to hold responsible those who carry out civil wrongs, commit crimes, and those who infringe upon the human rights of others (Atiyah, 1997). Blame is valuable in the sense that it secures the individual and the society’s interest and at the same time encourages those wrongdoers to have a sense of responsibility for their actions (Mullender, 2006). There are also negative implications of a blame culture.
Lord Templeman, in the case CBS Songs Ltd v Amstrad Consumer Electronics Plc, described the blame culture in a negative sense. Citing the case of Anns v Merton LBC on the two-stage duty of care test which he describes as having ‘put floodgates on the jar’ (1988). He also stated that “foreseeability had become ‘a reflection of hindsight and that for every mischance in an accident-prone world someone solvent must be liable in damages” (1988). ...Download file to see next pagesRead More
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