ABSTRACT
Tort law is a collection of misbehaviours or misadventures where the law deems it appropriate to intervene with civil remedies. Compensation is often seen as the predominant purpose of tort law. For example, in Fairchild v Glenhaven Funeral Services Ltd, Lord Bingham said: ‘The overall object of tort law is to define cases in which the law may justly hold one party liable to compensate another.’ Indeed, the availability of alternative sources of compensation might encourage the courts to withhold liability in tort law in that area. In Jobling v Associated Dairies Ltd, the claimant suffered personal injury, and then a naturally occurring illness. In determining how far tort law should provide compensation, the court took into account the fact that the claimant had state benefits, and was covered by their employer’s insurance. Liability in tort law is said to deter certain types of undesirable behaviour.
