The Suitability of the Compensation Approach to Tort Awards

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Where a claimant of a plaintiff has suffered a wrong they may bring a case to the courts with the aim of gaining remedy. When this is granted it is usually in the form of a monetary award. The awards are usually calculated with reference to the financial loss created by the wrong. This is the compensatory approach and in the dominant model seen in tort cases in England and Australia. The writer discusses this approach, considering whether or not this is the best approach and whether the courts should be able to punish and use compensation as a deterrent as well as a compensation tool. Six sources are cited in this five page paper.