THE AIMS OF THE LAW OF TORT

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BADINI H.

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Journal Paper

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Journal: PRIVATE LAW STUDIES Year:2005 | Volume:- | Issue:66 Page(s): 55-114

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Information Journal Paper

Title

THE AIMS OF THE LAW OF TORT

Author(s)

BADINI H. | Issue Writer Certificate

Keywords

Not Registered.

Abstract

In this article, aims and functions of tort law in connection with the plaintiff, tort-feasor and community as a whole will be studied: Pecuniary compensation is the most important aim of tort law in connection with the plaintiff, but it is not the only aim and alongside it, to stop violation of the plaintiff's right and to protect him/her from sustaining a loss in the future are indisputable aims, Tort law as a means for compensation and protection of the plaintiffs rights has functional deficits, so in many countries these deficits have been resolved by use of private insurance or social security and compensation plans. Tort law can have an effective role in punishing the tort-feasor and deterring him/her from causing damage in the future and the victims vengeance is also bought off by compensation. But the following factors are major obstacles to reach this aim: the disproportion between damages and deterrence and the type and degree of fault; the existence of vicarious liability and strict liability; adoption of objective theory of fault and the possibility of liability insurance; imposing tort liability in the case of errors and accidental damages. For this reason, some scholars believe that these aims can be better achieved by other mechanisms like criminal sanctions or creating pecuniary motives and supervisory and disciplinary regulations. In connection with society, tort law can play the role of public law in guaranteeing the rights and liberty of citizenry, so that it can be used to apply pressure upon those who wield political, economic intellectual power. From the standpoint of the adherents of the economic analysis of law, tort law is an instrument to achieve economic efficiency and can do this in different ways: internalizing accidents costs to the activities that cause them (internalize externalities); deterring uneconomical harm by imposing liability on the cheapest risk avoiders (economic deterrence); minimizing the overall social impact of a loss by distributing it throughout society and widely as thinly as possible in different ways, mainly by affecting incentives to obtain private insurance or to self - insure (loss spreading).

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