Keywords
liability insurance
tort law
road traffic accidents
judicial activism
How to Cite
Abstract
It is often said that there is an intrinsic relationship that between tort law and insurance, and that the rules of the latter end up affecting those of the former. To see if there is indeed such a relationship, this article analyses the specific case of the effects that mandatory automobile insurance has had on English tort law. It specifically studies the views expressed by several Lord Justices in their judgments when they analyse whether a) the standards of the duty of care should be raised because in the end the damages awarded will be paid out by an insurance company?; and b) should the right or the amount of damages to be recovered be limited because of the impact that awarding high damages might have on insurance premiums and therefore on society in general who has to pay them?
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