Law 2101 Study Guide - Quiz Guide: Punitive Damages, Damages, Nervous Shock In English Law
Document Summary
Function of the law is to punish and give out redress. Law of tort is to compensate through damages. "tortious liability arises from the breach of a duty primarily fixed by law; this duty is to persons generally and its breach is redressible by an action for unliquidated damages. " Nominal damages-> where no actual damage has occurred. Punitive damages-> where damages are more than any actual loss and can be used to punish. The duty of care (the basis of the law of negligence) The protected interest (the basis of the nominate" torts) Is based primarily on foreseeability of harm to the claimant and whether the claimant is, in all the circumstances, proximate, to the defendant. Lord atkin"s neighbour principle-> you must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. There are some interests that the law does not recognise.
