Law of Torts Assessment

Pages: 2 (697 words)  ·  Bibliography Sources: 15  ·  File: .docx  ·  Level: Corporate/Professional  ·  Topic: Business - Law

Reform of Tort Laws in Australia

Efforts have been underway in recent years to reform the tort laws in Australia in order to ensure that legal mechanisms are in place that will restore plaintiffs to their original condition prior to the tort to the maximum extent possible as well as to ensure that their future condition is equally balanced by the reparations made by the tort feasor. In the overwhelming majority of tort cases, this restoration is based on monetary remunerations for lost wages and medical expenses that occurred prior to the tort as well as such projected expenses in the future (Wells v Wells [1999] AC 345). The assessment of future damages, though, is more problematic and typically involves some type of actuarial analysis based on the plaintiff's prior wage earnings, the extent of the damages caused by the tort and the reasonableness of such awards in view of public policy and precedential case law.Download full Download Microsoft Word File
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TOPIC: Assessment on Law of Torts Assignment

According to the editors of Defense Counsel Journal, tort law reform efforts in Australia have been in response to "a combination of the collapse of a major insurance company and a medical indemnity insurer and by spiralling premiums. While some states already have enacted legislation, the federal government's response was to set up an inquiry looking at a wholesale reform of tort law" (Tort Law Reform Steaming in Australia 2002, p. 406). The Australian federal government responded to these events by rapidly establishing a committee to conduct a comprehensive analysis of the Review of the Law of Negligence and the committee provided its recommendations in series of reports just a few months later (Clark & Harris 2005). According to Clark and Harris, "The review received evidence that the absence of insurance, or the availability of insurance only at unaffordable rates, adversely affected many aspects of community life" (2005, p. 16). In its reports, the committee emphasized the existing unpredictability of tort laws and the relative ease with which plaintiffs were able to prevail in the majority of torts cases; likewise, the committee stressed the generous awards being handed down by the courts… [END OF PREVIEW] . . . READ MORE

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