Policy considerations have impacted upon many areas of tort law. Choose one of these areas and assess the impact of policy.
Policy considerations have impacted upon many areas of tort law. Choose one of these areas and assess the impact of policy.Economic loss claims
By the end of this presentation you should understand:
What the assignment is about
How to research the assignment
The assignment criteria (what is expected of you)
How to get help with the assignment
How to submit your assignment
How your assignment will be assessed
Break down the title:
(1) Policy considerations have (2) impacted upon many (3) areas of tort law. Choose (4) one of these areas and assess the impact of policy.
The definition is malleable/a moving feast!
Your last ISL task asked you to find three textbook definitions. Go back to your task as a starting point.
Your first ISL task, Question 4, asked you to post answers about policy concerns & the â€œhot coffeeâ€ case to the discussion board. Have a look at the responses here.
Discussion Board Question 4: Principle v Policy
In explaining a common use of the phrase policy Horsey and Rackley say â€œâ€¦policy tends to be used to describe a particular subset of factors or arguments that the courts may employ when deciding casesâ€. They cite the legal philosopher, Dworkin who â€œâ€¦distinguished â€˜policyâ€™ from â€˜principleâ€™â€¦ [by saying] principles are based on notions of individual fairness and justice, while policyâ€¦ covers so-called collective goals such as wealth maximisation or the encouragement of particular activities or tradesâ€¦ Policy is anything other than arguments of justice and moralityâ€ (2015: 7). Using this distinction what principles and policies do you think were at play in the Liebeck v McDonalds?
EGs: Discussion Board Post Question 4
â€œPolicies at play in the Liebeck v McDonalds case was that McDonalds chose to maximise their wealth by ignoring 700 cases of injury due to hot coffee. McDonalds needed to take some responsibility for their action; they were at fault [moral considerations?]. Another policy may be to send a message to other businesses to be careful of the temperature of hot drinksâ€ [encourage better behaviour / raise standards?] (Burcu Hamarat)
Policies are basedâ€¦ on the social impact, how it will affect the whole society and not just an individual (collective goals)â€¦(Fatoumata Konteh Jawora)
EGs: Discussion Board Post Question 4
â€œPolicyâ€¦ [was] about protecting society and avoiding the same incident [happening] againâ€¦ the punitive damages [imposed] on McDonalds [were] to encourage them to change the brewing temperatures of their coffee, also to deter other companies in order to avoid future injuriesâ€ (Jonathan Rahman-Bonnin)
â€œPolicies at play here are based on how society [as] a whole [would] be affected. Such as preventing other injuries to customers due to the coffeeâ€ (Ithiel Akakpo)
Policy considerationsâ€”meaning (continued)?
â€œOutsideâ€ factors which influence courts in their decision making.
Judges think about what is in the best interests of society as a whole.
So a case is not just about issues presented by the parties.
Our Service Charter
Excellent Quality / 100% Plagiarism-FreeWe employ a number of measures to ensure top quality essays. The papers go through a system of quality control prior to delivery. We run plagiarism checks on each paper to ensure that they will be 100% plagiarism-free. So, only clean copies hit customers’ emails. We also never resell the papers completed by our writers. So, once it is checked using a plagiarism checker, the paper will be unique. Speaking of the academic writing standards, we will stick to the assignment brief given by the customer and assign the perfect writer. By saying “the perfect writer” we mean the one having an academic degree in the customer’s study field and positive feedback from other customers.
Free RevisionsWe keep the quality bar of all papers high. But in case you need some extra brilliance to the paper, here’s what to do. First of all, you can choose a top writer. It means that we will assign an expert with a degree in your subject. And secondly, you can rely on our editing services. Our editors will revise your papers, checking whether or not they comply with high standards of academic writing. In addition, editing entails adjusting content if it’s off the topic, adding more sources, refining the language style, and making sure the referencing style is followed.
Confidentiality / 100% No DisclosureWe make sure that clients’ personal data remains confidential and is not exploited for any purposes beyond those related to our services. We only ask you to provide us with the information that is required to produce the paper according to your writing needs. Please note that the payment info is protected as well. Feel free to refer to the support team for more information about our payment methods. The fact that you used our service is kept secret due to the advanced security standards. So, you can be sure that no one will find out that you got a paper from our writing service.
Money Back GuaranteeIf the writer doesn’t address all the questions on your assignment brief or the delivered paper appears to be off the topic, you can ask for a refund. Or, if it is applicable, you can opt in for free revision within 14-30 days, depending on your paper’s length. The revision or refund request should be sent within 14 days after delivery. The customer gets 100% money-back in case they haven't downloaded the paper. All approved refunds will be returned to the customer’s credit card or Bonus Balance in a form of store credit. Take a note that we will send an extra compensation if the customers goes with a store credit.
24/7 Customer SupportWe have a support team working 24/7 ready to give your issue concerning the order their immediate attention. If you have any questions about the ordering process, communication with the writer, payment options, feel free to join live chat. Be sure to get a fast response. They can also give you the exact price quote, taking into account the timing, desired academic level of the paper, and the number of pages.