The Issue Of Tort Law

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In recent years, tort has been increasingly criticized on its suitability in performing its functions including deterrence, compensation and justice. Along with its inefficiency and the high litigating cost, it has been discussing whether tort should be replaced or eliminating some of the areas. Although tort is not a perfect system, I believe that there are needs of reform for certain areas such as compensation instead of abolishing the tort law. The aim of this essay is to explore the recent criticisms about tort law with further analysis in order to find out whether these criticisms are valid. Certain areas of reform will also be discussed so that to see how we are possible to improve the current tort law system. There are several…show more content…
It is very similar in terms of the moral inhibition that people normally stop any self- satisfying behaviours which would cause harm to the others unreasonablly. People have sense of moral within themselves therefore are not very likely to act harmfully to the others and also avoid to casue any embarrassment. For market force, professionals or businessmen are to aim to attract new customers so they are more likely to act safe and avoid having bad reputation that may affect their career as they provide any dangerous products or servies. It has been suggested that due to the above behavioural control, tort law may not be necessary and have not been doing well to act as a deterrence and is predicted that tort claims are not very likely to rise drastically even tort law is abolished or replaced. Apart from deterrence, compensation is another function of tort law and is also known as the central purpose of it. However, there are increasing arguments against the present system criticising its inefficiency in compensating the accident victims. Firstly, it will lead to excessive compenstation. There are three systems that accident victims can claim for their compensation and they are tort damage, public nuissance and private nuissance. Some victims may be over-compensated if they claim the
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