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'One of the primary purposes of law is said to be the compensation of the claimant. However, ignoring issues of access to justice, the fact is that some claimants are compensated and others are not, even where the harm suffered is similar'.
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The Question 'One of the primary purposes of law is said to be the compensation of the claimant. However, ignoring issues of access to justice, the fact is that some claimants are compensated and others are not, even where the harm suffered is similar'. Using suitable examples: a) critically consider the strength of this argument and explain: b) how such distinctions have been justified; and c) explain your conclusions as to the validity of these justifications. Introduction 'Tortious liability arises from the breach of a duty primarily fixed by law; this duty is towards persons generally and its breach is redressible by an action for unliquidated damages' - a definition of tort1. The primary purpose of tort is providing compensation for the claimant. The aim of tort is also to protect interests i.e. interests of the person, interests in land and interests of reputation. However the truth is that sometimes tort fails the claimant. There are justifications...
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