Choose ONE question to answer out of the two:
1. [T]he courts will not invent a new cause of action to cover types of activity which were not previously covered[.]’
Campbell v Mirror Group Newspapers Ltd [2004] UKHL 22,[2004] 2 AC 457, [133] (Baroness Hale)
To what extent does this statement reflect a desirable attitude to the development by judges of tort doctrine?
2. ‘Different torts aim to do fundamentally different things. Some torts are informed by a commitment to corrective justice. In other torts, the pursuit of distributive justice dominates judicial thinking. This results in tort law, as a body of doctrine, being incorrigibly incoherent.’
n.b You may draw upon doctrine from these areas of law when responding to either question:
1. Employers Liability, Nuisance
(Employers’ Liability, Vicarious Liability, Private Nuisance and Rylands and Public Nuisance)
2. Defamation and Privacy
3. Incrementalism and Intentional Tort
4. Occupiers’ liability
