First Principles of Business Law

Liability in tort for wrongful conduct

1. The role of tort law

1.2. The need to balance competing interests

 

 

 

It might seem desirable to always let a person who has suffered harm claim compensation from the wrongdoer. But this turns out to be impractical because:

  • There are endless ways in which one person might harm another. If a claim for compensation were allowed in every case, the courts would soon be overwhelmed.
  • The costs of paying compensation can become so burdensome that people might stop doing things that are useful to the community - for example, providing medical or transport services.
  • Considerations of fairness and justice suggest that a person should not be made liable for innocent mistakes, as opposed to deliberate or careless conduct that causes harm.

So it is necessary to strike a balance between the interests of the individual who wants to be compensated for harm, a society that wants to encourage constructive activities, and a legal system that aims at justice. This balance is achieved by rules that place limits on an injured person's right to claim compensation from the wrongdoer.

Page 1 2 3 4 5
Go to the next topic   Go to the list of topics Choose another module