Topic > The Purpose of the Law of Torts - 1562

Considerable effort has gone into attempting to identify the purpose of the Law of Torts. However, the range of interests protected by tort law makes any search for a single underlying purpose of the law difficult. For example, actions for tortious interference with property or trespass serve fundamentally different purposes than an action to recover compensation for personal injury. However, following my research, the fundamental purpose of torts law is to obtain redress and peace and to achieve deterrence and justice, in order to determine the conditions under which certain losses can be passed on to the people who created the risks that somehow led to losses. In this way, the law of torts attempts to balance the usefulness of a particular type of conduct against the harm it may cause. Throughout this essay I will discuss each function separately and analyze how each function achieves its own individual resolution of a wrongful act. Reparation for harm inflicted is undoubtedly considered the primary function of tort law in any legal system. Compensation. it is a form of corrective justice that can take different forms. It is usually monetary in nature and manifests itself in damages, but can also be injunctive relief where necessary or take the form of a self-help order. According to Cecil A Wright; in modern life there must necessarily be losses and therefore the purpose of the law of torts is to compensate for these losses and to allow compensation for damages suffered by one person due to the conduct of another. Where compensation takes the form of a monetary award, it adequately satisfies the plaintiff for any financial harm caused. For example... half of the paper... O'Connell, 5 June. 1997, Supreme Court unreported. • Dillon v. Dunne Stores, Dec. 20. 1968, Supreme Court unreported. • Doherty v Bowaters Irish Wallboard Mills Ltd [1968] IR 285. • Donoghue v Stevenson [1932] AC 587. • Garvey v Ireland [1981] ILRM 226. • Kennedy et al. v Ireland and Attorney General [1988], ILRM 651.• McIntyre v Lewis [1991] 1 IR 131.• Nettleship v Weston [1971] 2 QB 691.• Roche v Peilow 1985] IR 232.• Rookes v Barnard [1964] AC 1129.• Thompson v Smith Ship Repairers Ltd. [1984] QB 405, (1984) 1 Al1 ER 881.• Ward v McMaster [1988] IR 3237.• Whelan v Madigan [1978] ILRM 136.• Richard Kidner, Casebook on Torts (12, Oxford, e.g. Oxford 2012).• JM Kelly, 'The Malicious Injuries Code and the Constitution'. The Irish Jurist, vol. 4, New Series (NS) 221.• Cecil Wright, 'Introduction to the Law of Torts' (1942) 8 Cambridge Law Journal 238, 243.