Critically analyse arguments for and against the introduction of a no-fault scheme for the tort of negligence
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13 word format
document in English
civil law
presentation
published 20/08/2008
review : Completed
level : Advanced
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Summary
The characterisation of a no-fault scheme is rooted in the principle of distributive justice, compensating victims without having to establish causation and fault. Conversely, current liability for negligence involves fault considerations based on legal theoretical concepts determined through judicial precedent, which are inherently limited within the confines of the established legal principles of duty of care, proximity and negligence. This in itself creates a tension as wider concepts of “fault” are not currently covered under the law of negligence.
Table of Contents
- Abstract.
- Overview of fault based liability and theoretical justification.
- Current system and accident compensation claims.
- Role of insurance.
- Approach to damages.
- Tort liability and medical negligence.
- No fault compensation scheme focus: Solution to tort liability system.
- Observations and recommendations
- Preliminary discussion.
- Public liability tort .
- Conclusion.
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