Download or read book A Comparative Analysis of Compensation for Non pecuniary Loss in the Award of Damages for Personal Injury written by Julia Randell and published by . This book was released on 1983 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Compensation for Personal Injury in English German and Italian Law written by Basil Markesinis and published by Cambridge University Press. This book was released on 2005-02-24 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cross-border claims for personal injuries are becoming more common. Furthermore, European nationals increasingly join class actions in the USA. These tendencies have created a need to know more about the law of damages in Europe and America. Despite the growing importance of this subject, there is a dearth of material available to practitioners to assist them in advising their clients as to the heads of damage recoverable in other countries. This book aims to fill that gap by looking at the law in England, Germany and Italy. It sets out the raw data in the wider context of tort law, then provides a closer synthesis, largely concerned with methodological issues, and draws some comparative conclusions.
Download or read book Personal Injury and Damage Ascertainment under Civil Law written by Santo Davide Ferrara and published by Springer. This book was released on 2016-10-06 with total page 709 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume serves to provide an international overview of personal injury compensation in different geographical areas (15 countries already included), with a special focus on the methods used to ascertain the injury and the related damages. It also goes on to clarify the logical and methodological steps required for a sequential, in-depth ascertainment of any traumatic event and the related personal damage, both pecuniary and non-pecuniary. Personal injury is a legal term for an injury to the body, mind or emotions suffered by the plaintiff under tort and/or civil law regulations. Damages related to the injury can be pecuniary or non-pecuniary in nature. Although several comparative studies and research projects on tort and civil law and personal injury claims aimed at developing new tools for promoting harmonization of private law have been performed at an international level, heterogeneity and divergences still exist in the definition and compensation of personal injury and damage across different national legislative systems. The starting point for any awarding procedure should be a medical, or rather a medico-legal, assessment to gain evidence on the trauma or event causing the injury, the mechanism of injury, the pre-existing health status of the injured party, and the health consequences of the injury (temporary and permanent impairment, work incapacity, etc.). In order to pursue the ultimate goal of an international harmonization of personal injury compensation, it is of upmost importance to define the quality requirements for the medico-legal ascertainment methodology, which are essential for guaranteeing the objectivity, rigor, and reproducibility of the data and the evidence collection procedure. Currently, there are no supra-national medico-legal guidelines dealing with the ascertainment methodology of personal injury and damage under tort and civil law.
Download or read book Compensation for Personal Injury in a Comparative Perspective written by Bernhard A. Koch and published by Springer. This book was released on 2002-12-23 with total page 501 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study provides an overview of the law and practice of compensation for personal harm in ten European jurisdictions, each covered by a separate country report. The authors are renowned tort law experts from these legal systems. After addressing the core concepts and foundations of liability in the respective jurisdiction, each report presents an in-depth analysis of the various kinds as well as the extent of damages for personal injury and death. A comparative analysis concludes the volume by focusing on the major differences and similarities among the various jurisdictions.
Download or read book Personal Injury Compensation written by Werner Pfennigstorf and published by . This book was released on 1993 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: Personal Injury Compensation demonstrates how the liability and compensation systems of six European countries work in practice. It shows the extent to which victims of a number of different accident and injury situations are actually compensated from various sources, how the different compensation regimes are co-ordinated, and how the costs of compensation are eventually allocated. It is a detailed exploration of the interaction between the various sources of compensation.
Download or read book A Comparative Analysis of Compensation for Non pecunary Loss in the Award of Damages for Personnel Injury written by Julia Randell and published by . This book was released on 1983 with total page 558 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Damages and Compensation Culture written by Eoin Quill and published by Bloomsbury Publishing. This book was released on 2016-11-17 with total page 581 pages. Available in PDF, EPUB and Kindle. Book excerpt: The focus of the essays in this book is on the relationship between compensation culture, social values and tort damages for personal injuries. A central concern of the public and political perception of personal injuries claims is the high cost of tort claims to society, reflected in insurance premiums, often accompanied by an assumption that tort law and practice is flawed and improperly raising such costs. The aims of this collection are to first clarify the relationship between tort damages for personal injuries and the social values that the law seeks to reflect and to balance, then to critically assess tort reforms, including both proposals for reform and actual implemented reforms, in light of how they advance or hinder those values. Reforms of substantive and procedural law in respect of personal injury damages are analysed, with perspectives from England and Wales, Canada, Australia, Ireland and continental Europe. The essays offer valuable insights to anyone interested in the reform of tort law or the tort process in respect of personal injuries.
Download or read book The Recovery of Non Pecuniary Loss in European Contract Law written by Vernon V. Palmer and published by Cambridge University Press. This book was released on 2015-07-02 with total page 535 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first comprehensive work to capture the rise of moral damages (non-pecuniary loss) in European contract law through a historical and comparative analysis. Unique features of this study include the first classification scheme of the systems into liberal, moderate and conservative regimes, a taxonomy of non-pecuniary loss drawn from a European-wide jurisprudence, and a comprehensive bibliography of the subject. Written by a leading academic on comparative law, Palmer's precise and practical insights on Europe's leading cases will be of great interest to academic researchers and practitioners alike.
Download or read book Report on Compensation for Personal Injuries and Death written by Ontario Law Reform Commission and published by The Commission. This book was released on 1987 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Personal Injury and Wrongful Death Damages Calculations written by John O. Ward and published by Emerald Group Publishing. This book was released on 2009-10-22 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focuses on litigation damages, economic and non-economic, including punitive damages; their definitions, calculations, and assignments in the US and EU. This book examines areas of convergence and divergence in the academic and practical treatment of damages issues in the US and EU.
Download or read book A Company s Right to Damages for Non Pecuniary Loss written by Vanessa Wilcox and published by Cambridge University Press. This book was released on 2016-09-01 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: Applying appropriate legal rules to companies with as much consistency and as little consternation as possible remains a challenge for legal systems. One area causing concern is the availability of damages for non-pecuniary loss to companies, a disquiet that is rooted in the very nature of such damages and of companies themselves. In this book, Vanessa Wilcox presents a detailed examination of the extent to which damages for non-pecuniary loss can be properly awarded to companies. The book focusses on the jurisprudence of the European Court of Human Rights and English law, with a chapter also dedicated to comparative treatment. While the law must be adaptable, Wilcox concludes that considerations of coherency, certainty and ultimately justice dictate that the resulting rules should conform to certain core legal principles. This book lays the foundation for further comparative research into this topic and will be of interest to both the tort law and broader legal community.
Download or read book Compensation for Personal Injury in a Comparative Perspective written by Laurent Bloch and published by . This book was released on 2003 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Loss of Housekeeping Capacity written by Ernst Karner and published by Walter de Gruyter. This book was released on 2012-07-30 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: The topic is of particular interest for insurers as compensation for loss of housekeeping capacity is one of the main heads of damages awarded for personal injury. Naturally it also has considerable importance for accident victims. Yet it has received relatively little scholarly attention, at least from a comparative perspective. The aim of this study is to examine national approaches to the award of damages under the head of loss of housekeeping capacity, and to compare the levels of damages so awarded. The research will therefore address both the concepts employed in different national systems and, by means of practical case studies, the compensation actually paid in individual cases. The results of the research comprise ten country reports (Austria, England and Wales, France, Germany, Italy, The Netherlands, Norway, Poland, Spain and Switzerland) based on a Questionnaire (Part I: General Part and Doctrine, Part II: Concrete Assessment Examples) and a concluding Comparative Report. This project, "Loss of Housekeeping Capacity", was undertaken at the request of the Swiss Insurance Association.
Download or read book Damages and Compensation Culture written by Eoin Quill and published by Bloomsbury Publishing. This book was released on 2016-11-17 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: The focus of the essays in this book is on the relationship between compensation culture, social values and tort damages for personal injuries. A central concern of the public and political perception of personal injuries claims is the high cost of tort claims to society, reflected in insurance premiums, often accompanied by an assumption that tort law and practice is flawed and improperly raising such costs. The aims of this collection are to first clarify the relationship between tort damages for personal injuries and the social values that the law seeks to reflect and to balance, then to critically assess tort reforms, including both proposals for reform and actual implemented reforms, in light of how they advance or hinder those values. Reforms of substantive and procedural law in respect of personal injury damages are analysed, with perspectives from England and Wales, Canada, Australia, Ireland and continental Europe. The essays offer valuable insights to anyone interested in the reform of tort law or the tort process in respect of personal injuries.
Download or read book Comparative Studies in Automobile Accident Compensation written by United States. Department of Transportation. Automobile Insurance and Compensation Study and published by . This book was released on 1970 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The European Court of Human Rights written by Helmut P. Aust and published by Edward Elgar Publishing. This book was released on 2021-04-30 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful book considers how the European Court of Human Rights (ECHR) is faced with numerous challenges which emanate from authoritarian and populist tendencies arising across its member states. It argues that it is now time to reassess how the ECHR responds to such challenges to the protection of human rights in the light of its historical origins.
Download or read book Essays in Honour of Jaap Spier written by Helmut Koziol and published by . This book was released on 2016 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt:
