The Purpose of the Law of Torts

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Considerable effort has been expended in attempts to identify the purpose of the law of torts. However, the range of interests protected by the law of torts makes any search for a single aim underlying the law a difficult one. For example, actions for wrongful interference with goods or trespasses to land serve fundamentally different ends from an action seeking compensation for a personal injury. Nevertheless, following the research I have carried out the fundamental purpose of the law of torts is to achieve compensation and appeasement and to obtain deterrence and justice, in order to determine the conditions under which certain losses may be shifted to persons who created the risks which in some way led to the losses. In doing so, the law of torts attempts to balance the utility of a particular type of conduct against the harm it may cause. During the course of this essay I will discuss each function separately and I will investigate how each function achieves its individual resolution of a tort. ‘Reparation of inflicted harm is without a doubt considered the primary function of tort law in any legal system.’ Compensation is a form of corrective justice that can take a variety of forms. It is usually monetary in nature and manifested in an award of damages but may also be injunctive where necessary or take the form of self-help relief. According to Cecil A Wright; in modern living there must of necessity be losses and therefore, the purpose of the law of torts is to adjust these losses and to afford compensation for injuries sustained by one person as a result of the conduct of another . Where compensation takes the form of a monetary award, it adequately satisfies the plaintiff for any financial harm caused . For example... ... middle of paper ... ...O’Connell, 5 jun. 1997, Unreported Supreme Court. • Dillon v Dunne Stores, 20 dec. 1968, Unreported Supreme Court. • Doherty v Bowaters Irish Wallboard Mills Ltd [1968] IR 285. • Donoghue v Stevenson [1932] AC 587. • Garvey v Ireland [1981] ILRM 226. • Kennedy et al. v Ireland & Attorney General [1988], ILRM 651. • McIntyre v Lewis [1991] 1 IR 131. • Nettleship v Weston [1971] 2 QB 691. • Roche v Peilow 1985] IR 232. • Rookes v Barnard [1964] AC 1129. • Thompson v Smith Ship repairers Ltd. [1984] QB 405, (1984) 1 Al1 ER 881. • Ward v McMaster [1988] IR 3237. • Whelan v Madigan [1978] ILRM 136. • Richard Kidner, Casebook on Torts (12th, Oxford, e.g. Oxford 2012). • J. M. Kelly, ‘The Malicious Injuries Code and the Constitution’. The Irish Jurist, vol. 4, New Series (NS) 221. • Cecil Wright, ‘Introduction to the Law of Torts’ (1942) 8 Cambridge Law Journal 238, 243.

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