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How do the cases discussed in unit 3 contribute to our understanding of the aims of tort law?
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How do the cases discussed in unit 3 contribute to our understanding of the aims of tort law? There are various disparate aims of tort law and they are exercised in different cases and for different reasons. One of the aims of tort law is known as loss spreading and this basically seeks to distribute loss so that liability falls on the stronger party. In the case of Nettleship v Weston, the claimant N was held not to have voluntarily contributed to the harm done because he had checked out the issue of insurance. The learner driver was also held liable because she owes a duty of care same as any experienced driver so she could not argue that she was trying her "incompetent best". In this case, Lord Denning also held that morally, the learner drive is not at fault but legally, she is held liable because she has insurance and...
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