Functions of the law of torts in Canadian jurisprudence: Compensation: ensured injured party is compensated Fairness: determining who should have to bear the cost Corrective Justice: if someone causes harm, they should be the one who has to pay Deterrence: promoting good behaviour and discouraging bad behaviour See also: Psychological (appeasement/revenge): sense of closure Psychological (therapeutic/restorative): feelings of justice As an ombudsman: instrument of social pressure on government and other institutions Empowerment: the ability to affect things around you Historical debates/perceived tension in tort law: Deterrence vs. corrective justice Focus more on spreading’ (compensation) vs. corrective justice ‘loss
Functions of the law of torts in Canadian jurisprudence: Compensation: ensured injured party is compensated Fairness: determining who should have to bear the cost Corrective Justice: if someone causes harm, they should be the one who has to pay Deterrence: promoting good behaviour and discouraging bad behaviour See also: Psychological (appeasement/revenge): sense of closure Psychological (therapeutic/restorative): feelings of justice As an ombudsman: instrument of social pressure on government and other institutions Empowerment: the ability to affect things around you Historical debates/perceived tension in tort law: Deterrence vs. corrective justice Focus more on ‘loss spreading’ (compensation) vs. corrective justice
Christie_61_Full_2015_Craig_Empson.docx