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Tort - Introduction (Purpose of tort law - interests protected (Pure…

- - - - First liability of manufacturer to consumer - beginning of law of general negligence which has seen massive expansion though court tries to limit
    - - Personal injury - not allowed on basis that didn't want to encourage litigious society
  - - - Considered who was in the best position to protect against loss - Mrs Lamb could have insured herself against it - denied on basis that every loss will not attract liability
    - - Player injured because referee didn't stop something happening - referees were able to insurance themselves, so liability allowed
  - - - Idea of spreading losses across society so individuals are not destroyed financially - should be insured otherwise crushing to company
  - - - Most common factors named in negligence claims, though tort is not supposed to be punitive - judge disagreed about level of damage - couldn't have foreseen such a huge loss
  - - - Don't want to scare people into acting to guard against possible liability - because of this courts are usually not eager to sue public bodies
  - - - Don't want disparity between cases aka Hillsborough - led to two kinds of cases - crowd and police - wouldn't let police officers claim if not family
- - - - Intentionally - deliberately or knowingly performed an act while fully cognisant of the consequences
      - Negligently - tortfeasor careless about whether act will result in certain consequences
      - Maliciously - performed out of spite or with an evil motive
        
        If action is lawfully permitted, malice will not usually convert it into a tort
        
        Bradford Corporation v Pickles (1895)
        
        Are some circumstances where evil motive can transform
        
        Hollywood Silver Fox Farm v Emmet (1936)
    - - Also deterrence - accountability is reserved for irresponsible conduct
      - Floodgates consideration - limit number of successful actions
  - - - Some are creations of judiciary - Rylands v Fletcher
      - Some laid out in statute - e.g. Consumer Protection Act 1987 in relation to defective products
      - Defences are available
      - Robs defendant of ability to extinguish liability merely through showing they have taken reasonable care