You are on page 1of 1

6:19 PM 7/27/2018

injunctions are usually granted in the tort of nuisance.

The overriding purpose of the modern law of tort is to provide an injured claimant
with monetary compensation

There are two main mechanisms for compensating innocent victims of actionable
injury or loss. These are known as loss shifting and loss spreading.

Loss shifting is where the loss that the innocent claimant suffers is shifted
onto the defendant by forcing the defendant to pay the claimant damages.

Loss spreading as a principal of compensation expresses the idea of so-called


distributive justice � the spreading of losses among a number of people. This
mechanism of compensation is more often underpinned by compulsory insurance.

Bradford Corporation v Pickles [1895]


where pickles diverted the course of river and bradford corporation reservoir
diminished. no damage provided to bradford as damage was established but no legal
right over water.

You might also like