Tort Law

Tort Law

Tort Law

Scenario One:

For Bertram's injury, the Trust is to blame for this accident, there is the Trust to pay back the 50 cents Bertram has paid and also compensate the loss. This, of course, is not the law. He further expressed that the people are having a go is holding back organizations from going about their ordinary business since some people mistakenly believe the law favors spurious claims, (van Gerven 2001) so there is a need for the government to tackle the practices that help to encourage the false expectation of compensation and improve the effectiveness and efficiency of the tort system for those who have a genuine claim.

In compensation cases since the overall principle is remained uncertain in this field, Lady Ashton proposed holding talks with Lord Hunt and other peers before the next stage of debates on the bill. If this bill is passed, consideration would be placed on the social value of activities when assessing whether a breach of the duty of care has occurred in negligence claims, which also enable regulation of claims management companies. In this fashion, the tort system in England and Wales could be reformed drastically that it will expectantly deter and discourage 'compensation culture' to a large extent. (Mark 2003)

In points of fact, there has traditionally been a reluctant attitude on the part of judges to interfere with a jury, which leads to a disproportionately large sum awarded in respect of both compensatory and exemplary damages. By this phenomenon, it initiates many frivolous claims especially in discipline of defamation, that it further deteriorated the 'compensation culture. The classic statement of principle is that of Sir Thomas Bingham MR in a defamation case of John v MGN Ltd, Juries lacked an instinctive sense of where to pitch their awards. They were in the position of sheep loosed on an unfenced common, with no shepherd. In dealing with this problem, the Court of Appeal set out a minimum and maximum amounts that should be awarded in actions for false imprisonment and malicious prosecution in Thompson v Commissioner of Police of the Metropolis and Hsu v Commissioner of Police of the Metropolis; though, not for any other kinds of tort cases that it is not certainly helpful to defeat the compensation culture' and jackpot justice effectively. (Deakin 2008)

A conclusion is drawn that the tort system in England and Wales are not effective enough to deter and discourage the sense of compensation culture and jackpot justice these days. Though there are different assessments to control the levels of damages, but those are unquestionably not sufficient to tackle the frivolous cases in which the claimants just want to have a go for the possibility of high amount of damages. To make matter worse, the level of damages had been increased and the reforms proposed for the government which is the Compensation Bill 2005, was not overall popularly supported by peers. Seemingly, the tort system is positively encouraged people to claim for ...