Negligence Evaluation - Fault

Question 1

What do you do for the AO1 of a fault in negligence essay?

Answer 1

Briefly run through the AO1 for negligence

Question 2

What are the positives for a fault requirement?

Answer 2

Floodgates - Proof of fault acts as a control on negligent actions Alcock vs CCSYP
Proof of fault acts as a barrier to a compensation culture
Laissez Faire Policy - Only sue someone when they are at fault
Acts as a deterrent

Question 3

What are the negatives of a fault requirement?

Answer 3

Public Policy - In cases where the party is at fault but is overlooked for policy reasons it leaves the injured party without justice or compensation - Alcock vs CCSYP
Negligence should compensate and not punish, it should compensate the claimant for the losses but not punish the defendant especially where the level of fault is low but the compensation paid is high
Objective Standard - An objective standard is not always fair especially when it doesn’t take individual circumstances into account - Nettleship vs Weston (BCI) Unfair?

Question 4

What are the potential reforms for a fault in negligence essay?

Answer 4

State run benefit systems such as New Zealand
No fault systems such as Canada
Consider the Person Commission and its recommendations as well as recent suggestions for using mediation and introducing statutory limits on personal injury claims