The Fairness of Minimising Liability in Tort, Essays (university) of History

Download The Fairness of Minimising Liability in Tort and more Essays (university) History in PDF only on Docsity! The Fairness of Minimising Liability in Tort Subject: Political Science Paper 1 The law of tort governs the behaviour of the citizen towards his fellow citizen, or indeed the actions of an organization to a citizen or fellow company, within the absence of criminal conduct or contractual remedies. Present in most legal systems in some form, the law of tort (or delict) covers civil 'wrongs', where one party has suffered damages as a consequence of another's actions. there are permitted damages that one can occasion to a special party, like one company undercutting a competitor to his detriment. Tort cares largely with prohibited or negligent behaviour which can be attributed towards one specific party, opening the trail for a present of compensation or damages. One major point of criticism and debate within the world of tort is that of indeterminate or indiscriminate liability, which is supposed to minimise the potential for floodgate liability. Tort imposes sort of criteria, which must be satisfied before a celebration are often liable for his negligent actions. These are naturally strict to avoid the potential depression arising from a ‘compensation culture’. Additionally, there is a pressure to encourage risk to a specific extent so on market economic activity, and to avoid easily conceding liability to encourage 'normal' daily activity. during a weak tort system, paranoia hinders process and creates a multitude of socio-economic problems. From this, the conditions of indeterminate liability have arisen, also as numerous other high standards that possesses to be satisfied before a court will impose liability and thus the corresponding financial repercussions. Imagine the scenario where a protruding stone causes an actual risk of injury to the overall public at large. Because there is a possible for such a widespread liability, courts around the world impose various mechanisms to rule out claims of any sort to avoid the potential for ruining local authorities and within the interests of 'common sense’. In much of