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Cover Lunney & Oliphant's Tort Law

17. How Tort Works  

Donal Nolan and Ken Oliphant

This chapter discusses the role played by the law of tort in the compensation and prevention of personal injuries. It first examines the way that tort operates in practice: when are claims for compensation actually made; how are claims brought and how are they resolved; how much does it cost to bring a claim; is the compensation paid adequate; and who pays for it? The chapter then turns to evaluation, and focuses upon the ‘fault principle’ that is enshrined in the law of tort—the principle that compensation should only be paid to a person injured by another’s fault. It considers how the law might depart from the fault principle by the development of strict liability or no-fault compensation, concluding with an examination of radical reform options involving the abolition of tort as a means of compensating for personal injuries.

Chapter

Cover Tort Law: Text and Materials

18. How Tort Works  

This chapter discusses the role played by the law of tort in the compensation and prevention of personal injuries. It first examines the way that tort operates in practice: when are claims for compensation actually made; how are claims brought and how are they resolved; how much does it cost to bring a claim; is the compensation paid adequate; and who pays for it? The chapter then turns to evaluation, and focuses upon the ‘fault principle’ that is enshrined in the law of tort — the principle that compensation should only be paid to a person injured by another's fault. It considers how the law might depart from the fault principle by the development of strict liability or no-fault compensation, concluding with an examination of radical reform options involving the abolition of tort as a means of compensating for personal injuries.

Chapter

Cover Tort Law Directions

1. Tort: law and system  

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. In civil law, tort provides remedy for a party who has suffered the breach of a protected interest. Tort law protects a wide range of interests. Currently, negligence is the greatest source of litigation with respect to tort. Torts of trespass to the person protect physical safety while trespass to property governs the ownership of property. The tort of defamation provides remedies for threats to one’s reputation. Another tort-related area deals with the protection of privacy from media intrusion. This chapter discusses the range of activity to which tort law applies and the types of harm for which it provides compensation. It also considers the main interests protected by the law of tort, how the law of tort differs from other branches of the law, and the role of policy and the human rights dimension in the law of tort.