The Tort Of Negligence Is Unfair Essay example

The Tort Of Negligence Is Unfair Essay example

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‘Assumption of responsibility as the basis of liability for omissions in the tort of negligence is unfair’. Critically discuss by reference to one, or more, of the following theories of Tort law: deterrence, corrective justice, and distributive justice.
In English law, there is no duty of the courts to impose liability for an omission or failure to act, despite the fact that there are compelling moral judgments for prevention of harm to another. The tort of negligence signifies that a person who causes damage by carelessness to others may be held liable to pay compensation. Thus, the exclusionary rule operates to preclude a duty being owed in respect of omissions containing three exceptions. The three exceptions operate when the defendant has assumed responsibility or where the defendant exercises a high degree of control over the claimant or creating and adopting risks. The focal exception this essay emphasises is the assumption of responsibility. This is when it can be said that the defendant has assumed responsibility for the claimant’s wellbeing and safety. In pursuance of determining whether the assumption of responsibility is unfair as regards to liability for omissions in the tort of negligence; the essay will firstly examine the obligations set out through the Caparo test in order to arbitrate one 's liability. Additionally, this essay will critically analyse the branches of assumption of responsibility. The branches consist of special relationships, actions and third parties. Furthermore, it is also imperative to speculate assumption of responsibility as regards to public authorities. Nevertheless, the theories, (deterrence, corrective justice and distributive justice) will be used to perlustrate whether or not the ass...


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...nconscious on the Norwegian Naval base and was not found, no duty of care would have arisen and the deceased would have been at fault. Thus, the defendant ordering the pilot to be taken to his bedroom was out of good will and did not assume a duty of care. On the contrary, if we determine Stansbie v Troman, the assumption of responsibility was created out of the contractual relationship, of which not securing the house, the defendants intervention was a breach of this responsibility. Hence, the intervention of the defendant moving the deceased in Barrett created the responsibility; not requesting medical assistance led to the omission. Overall, Epstein’s argument is preferred, that imposing liability for failure to act upon the responsibility which was voluntarily accepted is fair and just, as it deters people from failing to implement their responsibility.








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