>Nor do you have to be an L&E fan to think that deterrence as wella s compensation is a legitimate concern in the law. Just take my word for it, really, I am actually a professional, and I do know what I am talking about here.
With due deference to your professional qualifications, there's another snag to this theory of yours. Most businesses and professionals these days have insured against liability for negligence. Damages pay-outs are effectively socialised, everyone pays to make the risk go away.
If the purpose of damages awards was to deter negligence, rather than redress victims, then it would be necessary to legislate to ban negligence indemnity insurance which has thwarted the intent of the law.
Bill Bartlett Bracknell Tas