1.The Law Commission wishes to reform English andWelsh tort law to make it morecoherent. It has therefore decided to produce a seriesof proposals aimed at reformingdiscrete parts of the law of tort. You have been askedto propose a reform of your own. Writea memo proposing and defending one reform to any areaof tort doctrine that you havestudied on module LU2022. Your memo must include thefollowing:- 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 youthink require reform;- A detailed proposal for one specific reform youthink should be made, including a statementof the aims your reform is designed to achieve (howwidely or narrowly your proposed reformis designed is up to you);- A defence of your proposal explaining why it isnecessary and how it will contribute togreater coherence in tort doctrine in this jurisdiction.Your memo may also include any other matter relatedto your proposal that you feel isrelevant.
2.‘In the end, all tort cases can and should be governed by the basic principle that the endsjustify the means.’ Discuss.
3. ‘Different torts aim to do fundamentally different things. Some torts are informed by acommitment to corrective justice. In other torts,the pursuit of distributive justice dominates judicial 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 notpreviously 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?
