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Words: | Submitted: Fri Jan 28 2005
... risk fall?" This case helps to add to our understanding, different aims of tort law. C. Harlow has described tort as having various disparate aims. Under the heading of loss spreading, "Atiyah suggests that the principal function of tort is 'social insurance' ". This can be observed in the above case and it is basically a situation whereby the courts seek to place liability on big companies for instance or persons who are better able to afford the costs. This can be linked with the idea of the one with the deeper pockets should be liable. Also linked to this is the aim of insurance and deterrence. Deterrence is not so much an issue in this case but insurance as we can see is very much a part of the case. Without insurance, there would be no tort law because insurance helps people protect themselves against future occurrences without which ...
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