Indicative content

Question 1

Purpose of tort law

Answer 1

• Provide compensation and legal remedies to those who have suffered harm or loss due to the wrongful acts of others.
• Primary aim is to compensate victims
• Many argue that tort law has a purpose which lies beyond compensation, such as also setting moral values for society by reinforcing that we owe care to another, and preventing further negligent behaviour by holding people accountable. Negligence is the most common form of civil wrongdoing which individuals make a claim for, and the meaning of this is failing your duty to care.

Question 2

Donoghue v Stevenson

Answer 2

Before Donoghue, liability was only present if there had been contractual agreements.
This case reinforces the idea of a “duty of care” which are obligations and responsibilities owed to another, and how
it should be owed even without contracts - this marked a shift in policy, and manufacturers began showing further morality through following the “neighbour principle” created by Lord Atkin. This involves keeping in consideration those who will be affected by your acts whilst manufacturing the product (linking to the concept of foreseeability) without necessarily needing a signed contract.

While Donoghue is largely praised for creating flexibility within courts to determine liability, critiques suggest that the neighbour principle is far too vague and leads to subjectivity as well as inconsistency.

Therefore once the principles of this case have been applied to a situation, to create a more consistent court process the Robinson test is discussed which develops further on the neighbour principle.

Question 3

Robinson v CC of West Yorkshire Police

Answer 3

There have been a number of misunderstandings in regards to the case of Donoghue, where this case helps to fill the gaps and makes the application of law easier for courts.

Also known as the Robinson test, it is discussed that duty of care is established through common law and past precedents; courts can look at past cases where the relationship between the claimant and defendant are similar to their current case and apply the same outcome as to what they have ruled.
In certain cases where it is unclear whether or not there is an established duty between the parties, also known as novel situations, the 3 part stage of the case of Caparo v Dickman can help to determine this.