Tort Essay

University of Birmingham

Birmingham Law School

Tort Law

Formative Assessment 2013

Assessment One:

Critically evaluate the legal significance of the concept “Assumption of Responsibility” in tort.

Assumption of responsibility is a very important concept within the tort of negligence. Before the 19th century the tort of negligence could not be seen to stand on its own.[1] During this period, liability could only arise in exceptional cases where there was an act of carelessness; this was evident in the seventeenth century were liability could be established when a surgeon fell below the expected standard.[2] According to Giliker, the rise of the industrial revolution increased the potential for personal injury.[3] This change within society opened the possibility for claimants to sue in negligence. The new changes and the emergence of case law, aided the establishment of “The duty of care”. One of the most recurring concepts within the tort of negligence is the “Assumption of responsibility”. Most defendants are found liable when they have assumed responsibility for the claimants. This was applicable to defendants in special cases like that of pure economic loss. When an assumption of responsibility is found a duty of care can be established. This essay would critically look at the concept of assumption of responsibility and how it has been applied over time. This essay concentrates on how this concept has allowed claimants to sue in regards to pure economic loss and in other exceptional scenarios. With the use of case law, the legal significance will be discussed and its effect on the duty of care principle. This essay argues that the assumption of responsibility has led to the expansion to the cases that could be resolved in tort; which as a result may have created the belief that there is a compensation system.

The law regarding pure economic loss was never...