Negligence Evaluation - Aims of Tort

Question 1

What do you do for the AO1 of an Aims of Tort essay?

Answer 1

Briefly run through all 3 aspects of negligence

Question 2

What are the first 2 aims of tort and the AO3 points for them?

Answer 2

Tort law should provide compensation and justice for the victim:

This is usually achieved as the Thin Skull Rule ensures that pre-existing conditions, the damage need not be foreseeable Smith vs Leech Brain
The objective standard usually works in the victim’s favour Nettleship vs Weston - BCI
Isn’t achieved when claims are rejected for public policy reasons like in Alcock vs CCSYP

Question 3

What is the third aim of tort and the AO3 points for it?

Answer 3

Morality/Fault:

General issue is the defendant who is at fault usually won’t have to pay due to Vicarious Liability/Insurance. However, insurance premiums will rise so there arguably is a moral element.
Where not at fault you won’t be sued Doughty vs Turner Manufacturing
Where it’s worth taking a risk, you won’t be sued - Social Utility - Watt vs Hertfordshire
Orchard vs Lee - Positive as we would not want children to be sued unless they are being incredibly reckless.
A small amount of fault can lead to huge compensation and vice versa - NEGATIVE

Question 4

What is the fourth aim of tort and the AO3 points for it?

Answer 4

Deterrent:

Knowing that you can be sued can act as a deterrent especially for firms. You are expected to take great care if the activity is extremely dangerous and could result in serious injury - Paris vs Stepney. Where an injury is likely you must take careful precautions - Bolton vs Stone

Question 5

What is the fifth aim of tort and the AO3 points for it?

Answer 5

Loss distribution:

Most negligence claims are met by companies or through insurance by awarding compensatory damages to distribute wealth to those who have suffered damage

Question 6

What are the potential reforms for an aims of tort essay?

Answer 6

Government pays out like in New Zealand in the past, this would be great for the victim for points 1 & 2 (justice and compensation for the victim) but not points 3 & 4 (fault and deterrent) and is unlikely to happen due to the cost

Victim gains justice and compensation from gov no matter what, but the government aren’t at fault for the losses and there will be no deterrent if the defendant doesn’t have to pay out themselves