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Essay / Research Paper Abstract
This 12 page paper considers the way that the UK law of tort can be seen to engender the inequality of gender stereotyping and general social inequalities. The bibliography cites 6 sources.
Page Count:
12 pages (~225 words per page)
File: TS14_TEgentrt.rtf
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Unformatted sample text from the term paper:
It has been asserted that there are considerable discrepancies between men and women in terms of the extent to which they are vulnerable to injuries of certain
types, and are able to claim compensation through the courts for such injuries. Graycar and Morgan (2002) make the point that in the majority of cases, women are disadvantaged in
issues relating to the gendered impact of injuries, and that this is reflected in the inadequacy of tort remedies when considering cases of injuries suffered by women.
There are a number of ways in which the law of tort can be seen to be applicable to the issue of violence against women,
and it is useful to consider how far the remedy of tort is applicable and adequate in such cases. Writers such as McKinnon (1979) and Conaghan and Mansell (1993) have
addressed these issues both with respect to sexual harassment in the workplace, and domestic violence and sexual assault. The former applies to those injuries which women may suffer as a
result of their employment and the latter to personal relationships. Under common law, assault and battery can constitute a civil as well
as a criminal offence, which means that the victim is entitled to sue the perpetrator for financial compensation. Such actions were categorised as actions for trespass to the person which
distinguished them from other torts. Negligence, for example, was the most usual form of action for non-intentional injuries. However, torts relating to trespass to the person do not
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