This essay will first provide a presentation of the possible objectives of an action for damages in tort. The various aims mentioned in the statement above shall then be classified and in a second step verified with illustration of current developments in case law.
Table of Contents
- Introduction
- Functions of tort
- Compensation for injury and redressing wrongs
- Promoting economic efficiency
- Deterring misconduct
- Conclusion
Objectives and Key Themes
This essay explores the various objectives of tort law, analyzing whether they can coexist harmoniously or if one should be prioritized. The essay examines the historical development of tort law, outlining its aims and how these aims are reflected in current case law.- The tension between conflicting objectives of tort law, including compensation, economic efficiency, and deterrence.
- The historical development of tort law and its evolving aims.
- The role of compensation in tort law, including its effectiveness and limitations.
- The economic efficiency of tort law and its relationship to social welfare.
- The impact of insurance on the objectives of tort law.
Chapter Summaries
- Introduction: This section introduces the essay's focus on the objectives of tort law and outlines the structure of the analysis. It identifies the various aims of tort law mentioned in a statement, setting the stage for their subsequent classification and verification.
- Functions of tort: This chapter explores the historical evolution of tort law's objectives, including punishment, appeasement, deterrence, compensation, and efficient loss spreading. It raises the question of whether these objectives can be simultaneously justified as appropriate aims of tort law.
- Compensation for injury and redressing wrongs: This section examines compensation as the purported "main function" of tort law, focusing on its role in protecting individuals' physical security, redressing wrongs, and re-establishing peace between parties. It discusses the influence of insurance on compensation, highlighting the limitations and potential shortcomings of the current system.
- Promoting economic efficiency: This chapter explores the use of tort law to promote economic efficiency, particularly from an economic analysis perspective. It examines the relationship between tort law and social welfare, highlighting the rise of loss spreading and the debate between competing conceptions of tort law.
Keywords
The main keywords and focus topics of this text include tort law, objectives, compensation, economic efficiency, deterrence, insurance, loss spreading, social welfare, and the economic analysis of law. The essay explores the interplay of these concepts in the context of tort law, examining their influence on the development and effectiveness of legal principles.
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- Philipp Hujo (Author), 2006, Objectives of Tort - Principles of Justice or Hidden Policy Considerations?, Munich, GRIN Verlag, https://www.grin.com/document/110144
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