1.The Law Commission wishes to reform English and Welsh tort law to make it more coherent. It has therefore decided to produce a series of proposals aimed at reforming discrete parts of the law of tort. You have been asked to propose a reform of your own. Write a memo proposing and defending one reform to any area of tort doctrine that you have studied on module LU2022.
Your memo must include the following:-
A summary of the doctrine (both common law and statutory,as appropriate) in your chosenarea as it currently stands, including an analysisof the deficiencies in that doctrine that you think require reform;-
A detailed proposal for one specific reform you think should be made, including a statement of the aims your reform is designed to achieve (how widely or narrowly your proposed reform is designed is up to you);-
A defence of your proposal explaining why it is necessary and how it will contribute to greater coherence in tort doctrine in this jurisdiction.
Your memo may also include any other matter related to your proposal that you feel is relevant.
2.‘In the end, all tort cases can and should be governed by the basic principle that the ends justify the means.’ Discuss.
3. ‘Different torts aim to do fundamentally differentthings. Some torts are informed by a commitment to corrective justice. In other torts,the pursuit of distributive justice dominatesjudicial thinking. This results in tort law, as abody of doctrine, being incorrigibly incoherent.’Discuss.
4. ‘[T]he courts will not invent a new cause of actionto cover types of activity which were not previously covered[.]’ Campbell v Mirror Group NewspapersLtd [2004] UKHL 22, [2004] 2AC 457, [133] (Baroness Hale) To what extent doesthis statement reflect a desirable attitudeto the development by judges of tort doctrine?
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