Theory of Tort Law

Question 1

Public Policy of Negligence =

Answer 1

• It allows the injured party to claim comepnsation showing proof of fault on behalf of the defendant
• The test for duty of care ensures that there is not excessive amounts of claims and it is fair to impose a duty onto the defendant
• Must use the objective standard of a reasonable person to see if it has been breached

Question 2

Policy of Pure Economic Loss =

Answer 2

• There is no duty to comepnsate for loss of profit under tort law as it would be compensated through contract law and it would open the floodgates
• However this can create unfair anomalies and can be morally unfair to not compensate a claimant who has suffered loss through no fault of their own

Question 3

Public Policy of Psychiatric Injury =

Answer 3

• The victim has to show the key elements of negligence and whether they are a primary or secondary victim. However this can be a lot for the claimant to prove
• This is to prevent the floodgates opening
• Restrictions were placed as the cases would have been much larger and fallen on the emergency services paying it out (Hillsborough Stadium)
• However it can be difficult for a genuine victim getting compensated
• Claims are decided by the judge and needed to restrict the amount of claims especially for secondary victims

Question 4

Purpose of Nuisance =