Friday, August 9, 2019

Tort Law Essay Example | Topics and Well Written Essays - 500 words - 2

Tort Law - Essay Example It should be seen in the sense that, the most courts do not mark out the bounds of duty that limits the defendant responsibility. What they sometimes do is protecting the interests of the individual who is seen to have suffered a loss. However, it is also important for the courts to be able to limit the defendant’s responsibilities because of the problems arising due to â€Å"floodgates†. In addition, sometimes the courts treat certain groups of defendants leniently through limiting their liabilities in some of the cases 1 On the other hand, the courts can decide to draw a line marking out the duty bounds to protect the interest as well as giving out compensation to the individuals who have gone through suffering and injury. This act of fairness is considered the major aims of tort law. Limitations placed on the defendants responsibilities act as a fundamental necessity to prevent a situation in which countless, potentially tenuous or spurious, claims that are against the tortfeasor. The policies that restrict the bounds of duty try to ensure justice and reasonable compensation to the victim. This is done without exposing the claimants to a given level that he or she might get tempted and the defendants to such a hard labor that would be as a result of lack of policies and precedent. Many attempts have been there to help in establishing the bounds on duty such as Dongue v Stephenson that has gone through development, to more recently the Caparo test that states that the act or omission must be foreseeable, just and proximate, fair and reasonable in order to have a care of duty. This case was central to the formation of duty of care, which was which was an important concept that limited the responsibility by outlining the idea of a reasonable man. The Capro test evolved from this case, and it is becoming clear that many courts are attempting to defendants responsibilities. Another case

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