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Book The Damages Lottery

Download or read book The Damages Lottery written by P. S. Atiyah and published by . This book was released on 1997 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: A man slips on a dance floor and breaks his leg. He recovers damages. A child has both legs amputated as a result of meningitis and is awarded nothing. The law's justification for awarding damages in the first case is that the man's injury was the fault of someone else, while in the second case damages are denied because nobody was at fault. In this searching critique of the present law and practice relating to damages, Professor Patrick Atiyah shows that this system is in fact a lottery. He contends that the public are paying far too much for an unfair and inefficient insurance system and tha.

Book The Damages Lottery

    Book Details:
  • Author : P.S. Atiyah
  • Publisher : Bloomsbury Publishing
  • Release : 1997-05-01
  • ISBN : 1847314279
  • Pages : 218 pages

Download or read book The Damages Lottery written by P.S. Atiyah and published by Bloomsbury Publishing. This book was released on 1997-05-01 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: A man slips on a dance floor and breaks his leg. He recovers damages. A child has both legs amputated as a result of meningitis and is awarded nothing. The law's justification for awarding damages in the first case is that the man's injury was the fault of someone else, while in the second case damages are denied because nobody was at fault. In this searching critique of the present law and practice relating to damages, Professor Patrick Atiyah shows that this system is in fact a lottery. He contends that the public are paying far too much for an unfair and inefficient insurance system and that reform is long overdue. His conclusion is that actions for damages for injuries should be abolished and replaced with a new no-fault road accident scheme, and actions for other injuries should be dealt with by individual or group insurance policies.

Book Damages and Compensation Culture

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 360 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.

Book Atiyah s Accidents  Compensation and the Law

Download or read book Atiyah s Accidents Compensation and the Law written by Peter Cane and published by . This book was released on 2006 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: A classic treatment of the law relating to compensation for personal injuries, this edition discusses the relevant legal rules as well as the social, political and economic issues underlying the law.

Book Understanding Tort Law

    Book Details:
  • Author : Carol Harlow
  • Publisher : Sweet & Maxwell
  • Release : 2005
  • ISBN : 9780421878402
  • Pages : 212 pages

Download or read book Understanding Tort Law written by Carol Harlow and published by Sweet & Maxwell. This book was released on 2005 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text offers an overview of the tort system for the non-lawyer or new law undergraduate. This new edition looks at topics such as the theories of tort law, accident compensation and its future, the rise of negligence, and issues in economic loss.

Book Punitive Damages

    Book Details:
  • Author : Cass R. Sunstein
  • Publisher : University of Chicago Press
  • Release : 2008-12-19
  • ISBN : 0226780163
  • Pages : 299 pages

Download or read book Punitive Damages written by Cass R. Sunstein and published by University of Chicago Press. This book was released on 2008-12-19 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past two decades, the United States has seen a dramatic increase in the number and magnitude of punitive damages verdicts rendered by juries in civil trials. Probably the most extraordinary example is the July 2000 award of $144.8 billion in the Florida class action lawsuit brought against cigarette manufacturers. Or consider two recent verdicts against the auto manufacturer BMW in Alabama. In identical cases, argued in the same court before the same judge, one jury awarded $4 million in punitive damages, while the other awarded no punitive damages at all. In cases involving accidents, civil rights, and the environment, multimillion-dollar punitive awards have been a subject of intense controversy. But how do juries actually make decisions about punitive damages? To find out, the authors-experts in psychology, economics, and the law-present the results of controlled experiments with more than 600 mock juries involving the responses of more than 8,000 jury-eligible citizens. Although juries tended to agree in their moral judgments about the defendant's conduct, they rendered erratic and unpredictable dollar awards. The experiments also showed that instead of moderating juror verdicts, the process of jury deliberation produced a striking "severity shift" toward ever-higher awards. Jurors also tended to ignore instructions from the judges; were influenced by whatever amount the plaintiff happened to request; showed "hindsight bias," believing that what happened should have been foreseen; and penalized corporations that had based their decisions on careful cost-benefit analyses. While judges made many of the same errors, they performed better in some areas, suggesting that judges (or other specialists) may be better equipped than juries to decide punitive damages. Using a wealth of new experimental data, and offering a host of provocative findings, this book documents a wide range of systematic biases in jury behavior. It will be indispensable for anyone interested not only in punitive damages, but also jury behavior, psychology, and how people think about punishment.

Book The Forensic Lottery

Download or read book The Forensic Lottery written by Terence George Ison and published by . This book was released on 1968 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Tort Law

    Book Details:
  • Author : Sarah Green
  • Publisher : Bloomsbury Publishing
  • Release : 2024-04-04
  • ISBN : 1509971874
  • Pages : 649 pages

Download or read book Tort Law written by Sarah Green and published by Bloomsbury Publishing. This book was released on 2024-04-04 with total page 649 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2nd edition of Green and Gardner's Tort Law textbook provides students with a clear overview of tort law with focus and precision. It includes clear explanations of core legal principles and recent legal developments with lively discussions of key academic perspectives. Extended problem questions, flowcharts and relatable examples help students to understand how law works in a practical context and prepares them for success in assignments and exams. Engaging pedagogical features, such as 'Viewpoint' and 'Making Connections', encourage students to develop their own critical thinking practice and appreciate how tort law interacts with other areas of the core law curriculum. Practical and student-friendly with engaging visual features, Tort Law is an essential companion for all undergraduate tort law modules, for students of all abilities. Accompanying online resources for this title can be found at bloomsbury.pub/tort-law-2e. These resources are designed to support teaching and learning when using this textbook and are available at no extra cost.

Book Scholars of Tort Law

    Book Details:
  • Author : James Goudkamp
  • Publisher : Bloomsbury Publishing
  • Release : 2019-10-03
  • ISBN : 1509910581
  • Pages : 416 pages

Download or read book Scholars of Tort Law written by James Goudkamp and published by Bloomsbury Publishing. This book was released on 2019-10-03 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: The publication of Scholars of Tort Law marks the beginning of a long overdue rebalancing of private law scholarship. Instead of concentrating on judicial decisions and academic commentary only for what that commentary says about judicial decisions, the book explores the contributions of scholars of tort law in their own right. The work of a selection of leading scholars of tort law from across the common law world, ranging from Thomas Cooley (1824–1898) to Patrick Atiyah (1931–2018), is addressed by eminent current scholars in the field. The focus of the contributions is on the nature of the work produced by each of the scholars in question, important influences on their work, and the influence which that work in turn had on thinking about tort law. The process of subjecting tort law scholarship to sustained analysis provides new insights into the intellectual development of tort law and reveals the important role played by scholars in that development. By focusing on the work of influential tort scholars, the book serves to emphasise the importance of legal scholarship to the development of the common law more generally.

Book The Political Economy of Personal Injury Law

Download or read book The Political Economy of Personal Injury Law written by Peter Cane and published by Univ. of Queensland Press. This book was released on 2007 with total page 117 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the second volume in the annual McPherson Lecture Series, inaugurated by the University of Queensland TC Beirne Law School, which hosts a celebrated international scholar or legal expert to deliver a series of three lectures. In the first two of these thought-provoking lectures, Peter Cane examines the political and economic significance of personal injury law. In his final lecture, he explores the possible future role of tort law as a way of dealing with the social problem of personal injury. He questions whether tort law should provide compensation for non-monetary harm resulting from personal injury, while acknowledging that it would continue to feature as one element of a mixed regime for dealing with personal injuries comprising a range of diverse regulatory and compensatory arrangements.

Book Remedies in Contract and Tort

    Book Details:
  • Author : Donald Harris
  • Publisher : Cambridge University Press
  • Release : 2002-03
  • ISBN : 9780521606059
  • Pages : 692 pages

Download or read book Remedies in Contract and Tort written by Donald Harris and published by Cambridge University Press. This book was released on 2002-03 with total page 692 pages. Available in PDF, EPUB and Kindle. Book excerpt: Remedies is one of the key organizing concepts of the obligations approach to the common law. This second edition modernizes the former 1995 edition quite considerably. It determines the place of remedies in contract and tort within the debate about the reform of the common law obligation.

Book Understanding the Law of Obligations

Download or read book Understanding the Law of Obligations written by Andrew Burrows and published by Bloomsbury Publishing. This book was released on 2000-11-15 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: NEW in paperback From the Reviews of the hardback edition: This is a fascinating and thought-provoking collection of eight essays..... Taken together they represent a coherent and compelling exposition of the English law of obligations.... One is left with the picture of an [author] ... who remains a devotee of "practical scholarship" and the deductive technique of the common law and has a grasp on its intricacies second to non." Edwin Peel, The Law Quarterly Review, 1999 "[These essays], all concerned with various aspects of contract, tort and unjust enrichment, are a pleasure to peruse, and a distinct cut above the usual lacklustre collection of past triumphs now beyond their sell-by date. Without exception they are both topical and relevant: ... together they form a readable, scholarly and eclectic mixture of exposition and polemic, of speculation and analysis" Andrew Tettenborn, The Cambridge Law Journal, 1999 "..quite simply the most convincing and complete explanation of the law of obligations that is currently available - the book is thorough, compelling, definitive, and highly important." Paul Kearns, Anglo-American Law Review, 1999 "an extremely important work, produced by a leading academic." David Wright, Adelaide Law Review

Book Street on Torts

    Book Details:
  • Author : John Murphy
  • Publisher : Oxford University Press, USA
  • Release : 2012-03-08
  • ISBN : 0199554447
  • Pages : 820 pages

Download or read book Street on Torts written by John Murphy and published by Oxford University Press, USA. This book was released on 2012-03-08 with total page 820 pages. Available in PDF, EPUB and Kindle. Book excerpt: Well-established and highly regarded, Street on Torts provides a detailed yet clear overview of tort law, with strong analysis of case law and contextualisation of individual torts. The highly praised broad coverage and logical structure are maintained, ensuring the book remains a classic 50 years after publication of the first edition.

Book Feminist Perspectives on Tort Law

Download or read book Feminist Perspectives on Tort Law written by Janice Richardson and published by Routledge. This book was released on 2012-05-23 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Feminist Perspectives on Tort Law offers a distinctly feminist approach to key topics in tort law. Ten original essays written by feminist legal scholars from the UK, US, Canada and Australia encompass a range of ways of thinking about women, tort law and feminism. The collection provides a fresh and original analysis of issues of long-standing concern to feminists as well as nascent areas of concern. These include conceptions of harm, constructions of reasonableness, the duty of care, the public/private divide, sexual wrongdoing, privacy and environmental law. Written with both scholars and students in mind, Feminist Perspectives on Tort Law is an important and timely addition to key debates in tort law..

Book Casebook on Tort Law

    Book Details:
  • Author : Kirsty Horsey
  • Publisher : Oxford University Press
  • Release : 2024-02-02
  • ISBN : 0198874960
  • Pages : 616 pages

Download or read book Casebook on Tort Law written by Kirsty Horsey and published by Oxford University Press. This book was released on 2024-02-02 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: All the leading cases, illuminated by Horsey & Rackley's trademark clear and lively commentary.The essential companion for undergraduate tort law students, providing a comprehensive portable library of leading tort cases. Horsey & Rackley bring together a range of carefully edited extracts, combined with insightful commentary and annotated cases to help students identify and analyse the key elements.Key features:- The only text of its kind to provide a comprehensive collection of the leading tort law cases for undergraduates- Simple to navigate, pulling all key case law together into one easy-to-use volume which students can work through systematically or use to reference specific cases- Cases are accompanied by succinct author commentary highlighting the key elements of each case- Annotated cases help students understand and analyse materialNew to this edition:The seventeenth edition has been thoroughly revised to reflect recent developments in the law, including Fearn and others v The Board of Trustees of the Tate Gallery [2023] UKSC 4 on private nuisance, Riley v Murray Court of Appeal [2022] EWCA Civ 1146 on defamation, and Paul v Royal Wolverhampton NHS Trust; Polmear v Royal Cornwall Hospital NHS Trust; Purchase v Ahmed [2022] EWCA Civ 12 on psychiatric harm.

Book Tort Law

    Book Details:
  • Author : Kirsty Horsey
  • Publisher : Oxford University Press, USA
  • Release : 2015
  • ISBN : 0198718497
  • Pages : 721 pages

Download or read book Tort Law written by Kirsty Horsey and published by Oxford University Press, USA. This book was released on 2015 with total page 721 pages. Available in PDF, EPUB and Kindle. Book excerpt: This best-selling undergraduate textbook from leading academics Kirsty Horsey & Erika Rackley gives a comprehensive grounding in tort law and carefully chosen learning features help students to become engaged and critical thinkers.

Book Kidner s Casebook on Torts

    Book Details:
  • Author : Kirsty Horsey
  • Publisher : Oxford University Press, USA
  • Release : 2019-07-17
  • ISBN : 0198830882
  • Pages : 592 pages

Download or read book Kidner s Casebook on Torts written by Kirsty Horsey and published by Oxford University Press, USA. This book was released on 2019-07-17 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kidner's Casebook on Torts is the essential companion for undergraduate tort law students, providing a comprehensive portable library of leading cases in the field. Kirsty Horsey and Ericka Rackley, authors of the best-selling tort law textbook, combine their talents again to update Kidner's popular casebook; bringing together an impressive range of carefully edited extracts and combining insightful commentary with questions and annotated cases to help your students identify and analyse the key elements of each case. Online resources The text is supported by online resources which provide a comprehensive suite of resources, including downloadable annotated cases, flashcard glossary, and web links and video clips of current items.