Tort theory Q9 Flashcards
(10 cards)
Aristotle
Tort theory is linked to Aristotle, as he argues that tort law aims to correct wrongs between individuals. For example in Negligence, compensation restores the injured party
Deterrence theory
Deterrence theory suggests the primary goals of tort law is to discourage people from engaging in risky and harmful behaviours, by imposing legal consequences like paying damages
What the theory is based on
This theory is based on assumption that people act rationally so will change behaviour if the cost of wrongdoing outweighs the benefits
Policy factors
The policy factors governing liability for pure economic loss and psy injury involve balancing the need for compensation with concerns about potentially limiting liability and the difficulty of establishing causation.
Caparo
The Caparo 3-part-test used to be the legal test for negligence, however the case of Robinson was brought in to create more certainty around duty of care and liability
Negligence
In negligence, the objective standard care is determined by what a reasonable person would do in similar circumstances, considering factors like foreseeability
Psychiatric injury
For example, with opening the floodgates with psychiatric injury. The Alcock test will be used to decide whether a victim is a primary or secondary victim, and the damages each individual can claim. An example of this is the Hillsborough disaster.
Remedies
Remedies such as an injunction, can be granted based on ‘balance of convenience’ and other factors, like the inadequacy of damages.
Compensatory damages
Compensatory damages in lieu of injunction for compensatory damages, prevent irreparable harm and maintain the status quo, while balancing the conflicting interest of the parties
Vicarious liability
Vicarious liability is where the employer is held responsible for employees’ actions, who caused harm. Tort theory states business must compensate for employee wrongdoing, this can be linked to the idea as fault since the employer will be liable.
