Tomlinson V Conglele Council

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The case of Tomlinson v Congleton Borough Council underlined issues within the compensation framework in the UK, namely that of the purpose of it achieving corrective justice and granting compensation. Significantly, this case highlighted how these two demands of justice collide. Similarly, it could be argued that Tomlinson should have been compensated to make his life bearable, which is where corrective justice comes in, yet, it was contended that the defendant should not be required to pay compensation as it was not entirely their fault as Tomlinson held some responsibility. As a result, this displays the limitations to the system in which damages are awarded in tort.

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