The Principle Of Tort Law

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“The essential purpose and most basic principle of tort law is that the plaintiff must be placed in the position he or she would have been in absent the defendant’s fault or negligence.” It is impossible to fully restore the plaintiff, as he will never be fully restored. However, compensation is the best way to put the plaintiff back into his original position. Even though most resources of the tort system are spent on dealing with claims, it is a very slow process as it is so complex because it involves many parties. It is often time consuming and expensive to file a claim, making it very cost-ineffective. The increased involvement of insurance companies has made it even more time consuming, with the introduction of their own…show more content…
The court system does not seem to base their judgment on legal elements and legal facts but a major consideration on public policy and interest. This can be seen in Barnett v Chelsea & Kensington Hospital , where the ratio is that the patient would have died anyway in spite of the doctor’s examination. To impose a liability on the doctor would give rise to many claims, involving many unnecessary claims. However, doctors’ duty is to examine a patient and decide on the plan of treatment, where in this case, the doctor did not even examine the patient. The reluctance of the court to impose a liability on public bodies can also be seen in Alcock v Chief Constable of South Yorkshire Police . The court was reluctant to impose a liability on the police force, even when the Taylor Report reported that the accident was caused by the negligence of the police force, as they let too many supporters in. There are enough facts in these two cases to impose a liability on the doctor and the police department respectively, however, the reluctant approach from the court towards public bodies have resulted in unsuccessful claims in these two cases. In Alcock v Chief Constable of South Yorkshire Police , there is also the issue regarding the cost of deterring beneficial activities. As the ‘Hillsborough disaster’ was broadcasted live, many
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