9780198925231-Ch1

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Further reading

Conquest to the recent and ongoing concerns about the so-called ‘compensation culture’. Tort law is the name given to a diverse collection of legal wrongs for which the law pro vides a remedy. These wrongs—or torts—protect an individual’s interest in, among other things, their personal integrity, their property, their use and enjoyment of their land or their reputation. Many, but not all, of these interests are protected in different ways by a number of torts and, similarly, while some torts—for example, negligence— protect a wide variety of interests, others—for example, libel—protect a single interest, in this case reputation. The chapter also explored the many—and at times conflicting—purposes and functions of tort law and the extent to which it is able to achieve them. Tort law tends to be about right ing wrongs. It can be seen to operate as a mechanism of loss-shifting, ensuring that the vic tim of the tort is returned to the position they would have been in had the tort not occurred (usually through an award of damages). However, as we have seen, the corrective justice aspect of tort law is somewhat undercut by the presence of insurance liability which ensures the loss is spread amongst policy holders. Tort law is also forward-looking. It can have a deterrent effect, shaping potential wrongdoers’ behaviour as they seek to avoid liability, as well as providing an avenue for publicity and inquiry.

End-of-chapter questions

After reading the chapter carefully, try answering the questions which follow.

1 What is tort law and how does it differ from contract or criminal law? 2 What is the purpose of compensating for injury?

3 What is meant by the term ‘compensation culture’ and what does the use of the term imply? 4 Are the disparate aims of tort law conflicting or complementary? Give reasons for your answer.

If you would like to know what we think, check the answer guidance in Appendix 2 .

Further reading

The best place to start your reading is with Tony Weir’s excellent introductory chapter in his Introduction to Tort Law (OUP 2006). Cane, Peter The Anatomy of Tort Law (Hart 1997) Conaghan, Joanne ‘Tort Law and Feminist Critique’ (2003) 56 Current Legal Problems 175 Conaghan, Joanne and Wade Mansell ‘Tort Law’ in Ian Grigg-Spall and Paddy Ireland (eds) The Critical Lawyer’s Handbook (Pluto Press 1992) pp 83–90 (available online via the ‘Critical Lawyers’ Group website) Dyson, Lord ‘Compensation Culture: Fact or Fantasy?’ Holdsworth Club Lecture, 15 March 2013 Dyson, Lord ‘Magna Carta and the Compensation Culture’ The High Sheriffs Law Lecture, Oxford, 13 October 2015 PROPERTY OF OXFORD UNIVERSITY PRESS