Compensation Act 2006 Essay

Compensation Act 2006 Essay

Length: 2061 words (5.9 double-spaced pages)

Rating: Term Papers

Open Document

Essay Preview

Negligence as a tort is defined as a breach of a legal duty to take care which results in damage to the claimant. It has been established that in order to raise liability and succeed in negligence claim, the claimant must show that the defendant owes him a duty of care, that this duty has been breached, and that he suffered damage or loss which is within the scope of the duty. However, the question of whether a breach of a duty of care has occurred, involves two elements: how much care is required to be taken (in other words; the standard of care) and whether that care has been taken.

It is worth mentioning that the standard of care in negligence is objective , as held in Nettleship v Watson , in which the conduct of the defendant was examined. The situation, however, was not that clear. Under Caparo test , the courts will take into account in determining duty of care; foreseeability of harm, proximity, and whether imposing a duty would be fair, just, and reasonable. Relatively, it can be said that s.1 of the Compensation Acts 2006, revolves around similar principles of those mentioned in Caparo test. In fact, the courts are invited under section 1 (but not obliged) to take into account the impact of decisions they make on standard of care. Furthermore, in deciding whether the defendant have taken necessary steps to meet the standard of care, the courts are invited to examine whether those steps would prevent desirable activities from taking place, and discourage people from undertaking functions in connection with the activity.

The question arises here, however, on whether Judges had such discretion before the Act while deciding on standard of care. The answer lies in the explanatory notes of the Act, which declare...


... middle of paper ...


...ckman [1990] 2 AC

Miller v. Jackson [1977] QB 966, CA

Robinson v Post Office [1974] 1 WLR 1176

Overseas Tankship (UK) Ltd v Miller Steamship Co Pty, The Wagon Mound (No 2 ) [1967] 1 AC 617

Nettleship v Weston [1971] 2 QB

McHale v Watson [1966] CLR 199

Bolton v. Stone [1951] AC 850, HL

Donoghue v Stevenson [1932] AC 562




Website

End compensation culture – Blair accessed 7th January 2011

Compensation culture accessed 7th January 2011

(Claire Mckenney), ‘Questioning the claims culture’ (2004) accessed 7th January 2011

Compensation Act 2006 Explanatory Notes accessed 7th January 2011

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

Essay about Employment Act 2006 And 2008, And The Work And Families Act

- Employment Acts 2002 and 2008, and the Work and Families Act 2006 The Employment Act 2002 is covered in a number of areas within the employment law. So the right to maternity pay and paternity pay for parents or employees who have children are able to ask for a flexible work schedule so that they have time left for their children and monitoring of equal opportunities. The Work and Families Act 2006 generally extended some aspects of the Employment Act of 2002 by offering legislation to employees and families which includes: Extended maternity pay from six months to nine months Extended rights for carers adults to have flexible working hours Extended paternity pay for fathers Improved communi...   [tags: Employment, Minimum wage, Employment compensation]

Term Papers
1199 words (3.4 pages)

Essay on Wage Inequality And The Texas State Government

- Women working in the Texas state government suffer wage inequality because all women carry the expectation that they will leave work to have a baby. Women determine whether they will or will not have kids, but even though their colleagues do plan on having kids or are pregnant, they all have the same designated pay. When hiring women employers have a doubt that they will stay the entire time and that it will be a permanent job so the employer does not feel a need to give them an equal pay compared to a man doing the same job....   [tags: Woman, Gender, Employment compensation, Inequality]

Term Papers
1311 words (3.7 pages)

Essay on The Constitutionality of the USA Patriot Act

- The Constitutionality of the USA PATRIOT Act One of America’s founding father said that “those who surrender freedom for security will not have, nor do they deserve, either one.” Benjamin Franklin’s belief is especially relevant today, following the introduction a Big Brother-like Act of Congress, the USA Patriot Act. In such a case, which employs draconian methods to stop terrorists, an important question must be asked: Should we give up our constitutional rights to facilitate the prosecution of terrorists....   [tags: National Security, Freedom, Security, Privacy]

Term Papers
1703 words (4.9 pages)

The Indian Act Of India Essays

- Since the past and until now, the Indian Act has never served anyone positively, it used to control what Aboriginals can perform and what they cannot perform. The Indian Act denied women statuses; denied First Nations the right to vote, and it also snatched away the status of a status Indian woman who married a non-Indian man. The Indian Act was, and is, a powerful tool in the hands of the federal government, giving federal civil servants the authority to manage band affairs, supervise Indigenous lands and trust funds, direct the personal and family lives of individual Aboriginal people....   [tags: First Nations, Aboriginal peoples in Canada]

Term Papers
731 words (2.1 pages)

Essay on Health Insurance and Accountability Act

- The HIPAA (Health Insurance and Accountability Act) was designed to safeguard the privacy of medical records. It contains specific guidelines for medical personnel as how to handle and maintain the patient’s medical information. (http://www.hhs.gov/ocr/privacy/hipaa/ understanding/consumers/consumer_summary.pdf) Health care providers are required to provide the patient with a notice of privacy document. “The HIPAA Privacy Rule provides protection of health care information, for consumers by the federal government, held by health care facilities.” (http://www.hhs.gov/ocr/privacy/hipaa/ understanding/index.html)....   [tags: Health Care ]

Term Papers
793 words (2.3 pages)

Essay on The False Claims Act

- Proprietary education dates back to the late nineteenth century where institutions focused on professional training in teaching, medicine, and law (Breneman, Pusser, & Turner, S., 2000). The 1972 Higher Education Reauthorization Act included for-profit institutions in federal financial aid programs and changed the vernacular of higher education to postsecondary education (2000). This piece of legislation along with new technologies along with increased demand for higher education and prompted a resurgence of for-profit institutions in the latter half of the twentieth century (2000)....   [tags: American Government, Politics]

Term Papers
787 words (2.2 pages)

Essay on Enron Scandal Of The Sarbanes Oxley Act

- Jamie Dimon once said that “doing first class business in a first class way” has led to all of his success at J.P. Morgan because building a business does not only mean to build on profits, but also to make sure business is being done in an ethical way. Enron Corporation, once a great accounting firm, fell under its own weight as it was reaching for greatness. Former CEO Kenneth Lay, made a commitment to business ethics based on communication, integrity, respect, and excellence. However, a once successful American energy, commodities, and financial risk service company made questionable financial practices that ultimately led to their downfall....   [tags: Enron, Kenneth Lay, Jeffrey Skilling]

Term Papers
2335 words (6.7 pages)

The Australian Tax System Is Defined Under The Act Essay

- Question 1(500 words) The Australian tax system is defined under the act called Income Tax Assessment Act 1997 which provides the basic formula to calculate income tax liability for individuals and entities i.e. Income Tax = (Taxable Income x Tax Rate) - Tax offsets [S4-10(3) of ITAA 1997] Whereas Taxable Income = Assessable Income – Deductions [S4-15(1) of ITAA 1997] Whereas Assessable Income = Ordinary Income + (Statutory Income – Exempt Income) [S6-5(1) of ITAA 1997] The act also provides the categories under which income of the individual and entities is assessed and simultaneously taxed....   [tags: Tax, Taxation, Taxation in the United States]

Term Papers
3107 words (8.9 pages)

The Americans with Disabilities Act (ADA) Essay examples

- The Americans with Disabilities Act (ADA) is one of the most significant laws in American History. Before the ADA was passed, employers were able to deny employment to a disabled worker, simply because he or she was disabled. With no other reason other than the person's physical disability, they were turned away or released from a job. The ADA gives civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion....   [tags: Political Science]

Term Papers
1464 words (4.2 pages)

Equal Wage Essay examples

- Despite the fact that the Equal Pay Act has been law since 1963, many problems inevitably arise in the administration of equal pay laws (Fisher). It has been estimated that at this current slow rate of progression in closing the gender pay gap it will be 2068 by the time men and women’s wages are equalized. It is clear that the business case, as well as the legislative case, has a significant role to play (Commission Policy Report). There are some factors which stop or slow equal pay for genders....   [tags: Equal Pay Act, Gender Pay Act]

Term Papers
1041 words (3 pages)