Tort law can be also known as negligence law where the classic definition is the breach of a duty primarily fixed by law can arise tortuous liability. The duty is treating people generally and equally. Breach is redressable by an action for unliquidated damages which means compensation. When a duty or law is broken by a person’s act which injured or harmed another individual, remedies(compensation) applied. According to the question, this is only focus on justice where the wrongs should be remedied. However, there are different objectives or functions or purposes about tort law. Corrective justice, compensation, deterrence and others are included in the objectives of tort law.
Justice can be divided into the victim and the other is for the …show more content…
This is supposed to compensate those who have suffered personal injury from defendant. It may make it appear that corrective justice and compensation are synonymous effectively. However, corrective justice is far from clear. If tort law is only about corrective justice the law of tort can do nothing to remedy accidents and to make good losses which are nobody’s fault or where the party who is at fault cannot themselves pay compensation. Under compensation, there are three different systems for accident victims such as tort law, public insurance (social security), private law. Public insurance is the largest part in compensation. A person who is injured in an accident may become entitled to payments by the state, for example, sickness benefit. Entitlement to social security payment may depend on proof that the claimant’s injuries were caused by someone else’s fault. Criminal Injuries Compensation Scheme provides for the payment of compensation in respect of personal injury attributable to a criminal offence, the arrest of a suspect or the prevention of crime. The state can distinguish tort damages from payment that the former are only payable on proof that a person caused an injury and was at fault in doing so. The latter are payable on the occurrence of an event and according to need. Private insurance is small but growing part in accident compensation. The possibility of indisposition …show more content…
However, the law is not only shaped by principle but by considerations of public policy which fluctuate in the light of changing social conditions such as deterrence of accidents and compensation of the victims of accidents. If the reasoning in duty of care cases reveals the justice only, it is not clear to help the victim. There are also other different objectives of tort law to can be revealed to help victim such as vindication of claimant’s right, denunciation of the defendant’s wrong, education of people generally as to proper standards of safety, the peaceful settlement of disputes arising from the accidental infliction of injury and so on. Therefore, I agree the question statement because justice is very important in tort law but if the tort law without other objectives it will be more far from clear to help
Justice can be divided into the victim and the other is for the …show more content…
This is supposed to compensate those who have suffered personal injury from defendant. It may make it appear that corrective justice and compensation are synonymous effectively. However, corrective justice is far from clear. If tort law is only about corrective justice the law of tort can do nothing to remedy accidents and to make good losses which are nobody’s fault or where the party who is at fault cannot themselves pay compensation. Under compensation, there are three different systems for accident victims such as tort law, public insurance (social security), private law. Public insurance is the largest part in compensation. A person who is injured in an accident may become entitled to payments by the state, for example, sickness benefit. Entitlement to social security payment may depend on proof that the claimant’s injuries were caused by someone else’s fault. Criminal Injuries Compensation Scheme provides for the payment of compensation in respect of personal injury attributable to a criminal offence, the arrest of a suspect or the prevention of crime. The state can distinguish tort damages from payment that the former are only payable on proof that a person caused an injury and was at fault in doing so. The latter are payable on the occurrence of an event and according to need. Private insurance is small but growing part in accident compensation. The possibility of indisposition …show more content…
However, the law is not only shaped by principle but by considerations of public policy which fluctuate in the light of changing social conditions such as deterrence of accidents and compensation of the victims of accidents. If the reasoning in duty of care cases reveals the justice only, it is not clear to help the victim. There are also other different objectives of tort law to can be revealed to help victim such as vindication of claimant’s right, denunciation of the defendant’s wrong, education of people generally as to proper standards of safety, the peaceful settlement of disputes arising from the accidental infliction of injury and so on. Therefore, I agree the question statement because justice is very important in tort law but if the tort law without other objectives it will be more far from clear to help