Introduction From the 1990s, the reports that cover the compensation cases increased dramatically in the mass media (Almond, 2004). There is a view that a huge number of tort cases in the ‘compensation culture’ are unjustified and unfair. In the mid-1990s, the term ‘compensation culture’ first appeared in a famous British newspaper (Levin, 1993). Actually, this is an extreme view, which will be criticized in this paper. This essay emphasizes the compensation culture is a myth (Morris, 2007). There are three reasons: Firstly, the data of the tort claims declined in recent years. Secondly, some victims do not receive the compensation or enough compensation that they deserve. Thirdly, the mass media and public organizations created the ‘compensation …show more content…
Firstly is the insurance company. This ‘culture’ emanates the ‘excessive risk aversion and a sub-culture of spurious claims’ (Mirror, 2007). Then, in their advertisements, buying the insurance is the useful way to avoid the risk. Secondly other commercial companies also give impetus to the myth. As the public believing the ‘compensation culture’, the plaintiffs and jury will take more press from the society. The lawsuit and statutes will be more ‘defendant-friendly’. The anecdote for this situation is the ‘Tort Reform’ in America. These companies declared that ‘the “tort reform” as the solution to a broad “crisis” in tort liability law and insurance’ (Hubbard, 2006). However, the ‘crisis’ does not exist. Hence, the ‘compensation culture’ does not exist. The mass media and public organizations try to convince the public to trust this myth because of their own …show more content…
At first, the data of the tort claims declined in the recent years. Then, some victims do not know they could receive the compensation. Finally, the ‘compensation culture’ myth was created by the mass media and public organizations. Whilst there are a few advantage with ‘compensation culture’. The lawsuit will be more ‘defendant-friendly’ and protect the commercial companies, which is good for the business and economy. At the same time, the myth caused many problems for the society. Such as the excessive risk aversion, which result a cloud on voluntary and socially useful activities, teachers will feel more risk and pressures with children activities (Tingle, 2011). Or the government waste the tax for changing the tort law polices. Whether the ‘compensation culture’ exists, which may be not important. However, It is important that the negative involvements are appeared by the
The refinement of this definition has significant legal implications, as it broadens the scope of those who can sue within blameless accidents. Prior to this, such victims would also face being labelled with “fault”. Supporting the findings of Axiak, by establishing non-tortious conduct as separate from “fault”, similar, future cases are more likely to proceed despite the plaintiff’s contributory
Personal agency can be defined as an individual’s ability to exercise their free will over their thoughts and actions independent of any external influences. Yet, when one takes into consideration that no individual lives in a cultural or social vacuum, the amount of personal agency that an individual possesses is significantly diminished. It is arguable that individuals are irrevocably shaped by social forces and actually possess very little personal agency over their self-determination of their identity. In the context of heteronormative societies that are still prevalent in the world today, the amount of personal agency that heterosexual individuals have in their romantic relationships given the dominance of heteronormative social forces
In the articles written by Richard L. Abel and Peter W. Huber both have valid arguments with extremely different viewpoints on the litigation process. Peter W. Huber feels there is too much litigation in our country to where it cripples our society to become more successful. Huber feels there is less encouragement for citizens to take matters in their own hands and take responsibility for their actions. With a rather different perspective Richard L. Abel feels we have too little litigation rather than too much, he believes that manufacturers' products and services cause this and more litigation is actually needed. Abel feels that all injuries that happen to individuals should never go uncompensated. Whether you agree with Abel's theory or Huber's theory on the litigation process today, each makes perfect sense and also has statistics and scenarios to support their theory.
...sues for the Twenty-First Century. Ed. John M. Eekelaar and Petar Sarcevic. Dordrecht: Martinus Nijhoff Publishers, 1993. 135-144.
Tort is a word developed to describe in general the different types of claims that are normally imposing economic and financial losses that are because of some kind of misbehavior, apart from breach of contract. The term is used to refer to this type of claims, false presentations, fraud, breach of contract, encouragement, unfair competition, trade name and trademark infringement and interference with business relationships (Emanuel, S.
There are people out there who really do deserve some kind of compensation for negligence, harassment, or anything else that might have gone wrong. For example, a Gastonia man who already has enough appeal to pity has yet another problem to deal with. He is a paraplegic who awoke to find a rat eating at his leg to the bone.
This is where the individuals exercise their rights to seek compensations for damages or injuries. Also this is a law that is not controlled by the judges based on previous things that had happen in the past.
In America, the right to a civil jury trial is one of our most fundamental rights. However, many individuals cannot afford an attorney, and without an attorney to help an individual navigate the legal system, this guarantee is effectively meaningless. Also, US courts have declined to impose on the losing party the obligation to pay the winning side’s legal expenses (the American Rule). Because of these two fundamental principles in the American legal system, contingency fees have always been allowed and continue to play a predominate role in the development of US tort law. Under a contingent fee agreement, the attorney will take the case without charging any money up front and is paid only if the case is successful, typically between 25%-33.3% of the plaintiff’s total recovery. In the US, unless the case is criminal or divorce, contingency fee agreements are generally allowed. Similarly, the ABA has long regarded the contingency fee system as “squarely within the bounds of American legal ethics.” However, in the 1980s, corporations, medical associations, and the insurance industry...
The differential valuations of an individual's losses based on social identity such as socio-economic status, race and gender have been discussed to convey the discriminatory effects of restitutio. In the operation of restitutio, systemic inequalities are routinely reinforced through the objective repositioning the injured person to his or her original position prior to the injury. Consequently, people are valued on a case by case basis resulting in an unfair deduction of damages awarded. Additionally, the principle's operation is flawed due to its inability to predict the future, as well as the difficulty of quantifying damages for pain and suffering. Despite the benefit perceived in the qualification of loss of cultural fulfilment, the damages awarded cannot fully restore the plaintiff back to their same position. Lastly, the legislative changes have failed to address the fundamental flaw of restitutio in integrum, that is the unequal distribution of compensation and treatment of personal
It's clear to see the media focuses on various reports, television shows, and even sitcoms regarding all forms of psychology. While watching television one can say media basically relies on psychology. The media of psychology views psychology through means of common sense versus an actual science. Psychology is the scientific study of behavior and mental processed. Behavior is anything you do that can be observed. In the media we can observe people through the television screen. Through our observations we learn from their behavior. For example in a famous experiment conducted by Albert Bandura called, "Bobo Doll Experiment," a preschool child is working on a drawing. An adult in another part of the room is building with Tinkertoys. The child is watching this adult through a television screen and watches as the adult gets up and for nearly ten minutes pounds, kicks, and throws around the room a large inflated Bobo doll, while yelling hurtful sayings such as, "Sock him in the nose" or "Hit him down" and even "Kick him". After the adult was done, the child was taken to another room and demonstrated the same actions as they have seen through the television screen to the Bobo Doll. It's clear to see from the experiment the media teaches society many aspects of psychology. From a psychological aspect we see a child observing violent behavior from what the media has presented. Humans learn through observation and in a world where technology is advancing, the media plays a large role.
Also, the tort victim is usually sufficiently compensated through insurance rather than if they claimed against the employee as the master has the ‘deepest pocket’[2]. However, recent developments in the law on vicarious liability not only makes the employer liable for acts that are ‘directly’ connected with what they are employed to do, but it is now established that an employer may be liable for the unauthorised acts of an employee, where those acts are ‘closely connected’ with the nature of the wrongdoer’s employment. The principle of vicarious liability can also burden the operation of a business by placing a disproportionate amount of responsibility on an employer. More money needs to be spent on training, employee’s characteristics need to be assessed and higher costs will be passed on to the consumer.
“Today, media, culture and society are really inseparable and one cannot exist without the other.” In today’s times, media has become complex institutions that shape and are in turn shaped by society. The media facilitates communication between sender and receiver and acts as a source of information and knowledge. When we compare ourselves to generations of the past, we as people of the 21st century have access to an enormous amount of information. Every day we see coverage of conflicts and disasters in places around the world and we are exposed to information on thousands of subjects ranging from politics to social problems to cultural problems and so on. We are constantly asking ourselves, what is it that gives the media so much power that we go about living our daily lives, influenced and dependent on the media? This essay will be exploring examples from the South African media relating to how in today’s times, media, culture and society are inseparable and how one cannot exist without the other.
Sir Rupert Jackson, Review of Civil Litigation Costs: Final Report (2009), ch 21, para 4.2
However, there are three basic elements that must be established for every tort action. For instance, the plaintiff must prove that the offender was under a permissible duty to act in a certain manner. Second, the complainant must demonstrate that the respondent breached this duty by failing to conform to his/her behavior accordingly. Finally, the plaintiff must prove that he suffered injury or loss as a direct result of the defendant's breach. The gist of tort law is that an individual has certain interests which must be protected by law. This paper will be an in-depth analysis of various aspects of Tort law. Tortfeasors can incur legal punishments, including injunctions and monetary damages if the tort is successful.
In Billy’s case Billy got five million dollars compensation because of the incident, on the other hand Ted had a same incident but he did not get any compensation because he had normal injuries, this incident developed very negative attitude in ted against Billy and their Company.