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Write a 5 page essay on Tort law.Thus, this essay will support the notion that corrective justice and providing compensation should be priorities of the law rather than raising protection for public a
Write a 5 page essay on Tort law.
Thus, this essay will support the notion that corrective justice and providing compensation should be priorities of the law rather than raising protection for public authorities.
In considering these issues, one should consider some cases that have clarified these arguments. Firstly: the case of Smith v Ministry of Defense, which deals with claims brought against the Ministry of Defense on the basis of negligence for failing to protect the soldiers involved in a friendly fire by failing to provide them with safe vehicles and equipment for patrolling. The allegations also involved the alleged breach of Article 2 of the ECHR that gives the right to protection of human life. On the other hand, the defendants claimed that they should not be held liable for the incidents that occurred based on the concept of “combat immunity” which encompasses that “There is no common law liability for negligence in respect of acts or omissions which occur during combat operations against the enemy and there is no duty to establish a safe system of work during such operations, whether those issues are analyzed from the perspective of combat immunity or under the fair, just and reasonable test. The principle of combat immunity exists because the court cannot realistically or reasonably be required to resolve whether injuries suffered by soldiers could have been avoided by different tactics and if so how to apportion blame.”
Nonetheless, the Supreme Court did not agree with the defendants’ arguments and found that the negligence that occurred in this case fell outside the scope of combat immunity. Thus, it was held that it was “fair, just, and reasonable`’ for the Ministry of Defense to be held liable for such acts of negligence. The ministry of Defense failed on their part to give the soldiers the needed training and equipments and so breached their duty of care against article 2 ECHR1. The soldiers are employees who
