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Law Of Tort - Coursework Example

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Various heads under which compensation would be claimed include negligence nuisance, assault and other actionable wrongs. The Liability of the defendants has increased dramatically in the…
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Law Of Tort
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Law Of Tort

Download file to see previous pages... rs note an increase in the tendency of claimants to claim damages for any injury to them caused by any action or any omission on the part of others regardless of whether there was a duty to care a breach of that duty. The factor of the injury being foreseeable has also been neglected in a favour of the claimants. This tendency to litigate is fuelled by the so called ‘Ambulance chasers’i.e. lawyers who instigate parties to seek redressal in court regardless of the likelihood of success in the action. It is argued that this is the result of the influence essentially of the culture of litigation in the United States. The aim of this study is to analyze whether the so called ‘compensation culture’ exists in Britain and whether the imposition of liability might be adverse to the public interest by preventing desirable activity from taking place.
As a harsh reminder of the state of affairs no other incident is more empathetic than the speech delivered by the then Prime Minister Tony Blair. This was regarding risk in public policy making. Tony Blair said
“We are in danger of having a wholly disproportionate attitude to the risks we should expect to run as a normal part of life. This is putting pressure on policy making … -to act to eliminate risk in a way that is out of all proportion to the potential damage. The result is a plethora of rules, guidelines, responses to ‘scandals’of one nature or another that ends up having utterly perverse consequences”1
He went on to say “Something is seriously awry when teachers feel unable to take children on school trips, for fear of being sued…where health and safety rules across a range of areas is taken to extremes.”
The speech goes on to talk of a girl who sued the girl guides association because she burnt her legs on a sausage and the man who was injured as a result of his failing to apply the break on a toboggan run in an amusement park. The cases did not result in big compensation awards but leave ...Download file to see next pagesRead More
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