Download or read book Tort Law and the Legislature written by TT Arvind and published by Bloomsbury Publishing. This book was released on 2012-12-21 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study of the law of tort is generally preoccupied by case law, while the fundamental impact of legislation is often overlooked. At a jurisprudential level there is an unspoken view that legislation is generally piecemeal and at best self-contained and specific; at worst dependent on the whim of political views at a particular time. With a different starting point, this volume seeks to test such notions, illustrating, among other things, the widespread and lasting influence of legislation on the shape and principles of the law of tort; the variety of forms of legislation and the complex nature of political and policy concerns that may lie behind their enactment; the sometimes unexpected consequences of statutory reform; and the integration not only of statutory rules but also of legislative policy into the operation of tort law today. The apparently sharp distinction between judicially created private law principles, and democratically enacted legislative rules and policies, is therefore questioned, and it is argued that to describe the principles of the law of tort without referring to statute is potentially highly misleading. This book shows that legislation is important not only because of the way it varies or replaces case law, but because it also deeply influences the intrinsic character of that law, providing some of its most familiar characteristics. The book provides the first extended interpretation of legislative intervention in the law of tort. Each of the chapters, by leading tort scholars, deals with an aspect of the influence of legislation on the law of tort. While the nature, sources and extent of legislative influence in personal injury law is an essential feature of the collection, other significant areas of tort law are explored, including tort in the context of commercial law, labour law, regulation and the welfare state. Essays on the Compensation Act 2006 and Human Rights Act 1998 bring the current state of the interplay between tort, politics and legislation to the forefront. In all of these contexts, contributors explore the deeper lessons that can be learned about the nature of the law of tort and its changing role and functions over time. Cited with approval in the Singapore Court of Appeal by VK Rajah JA in See Toh Siew Kee vs Ho Ah Lam Ferrocement (Pte) Ltd and others, [2013] SGCA 29

Download or read book Unexpected Consequences of Compensation Law written by Prue Vines and published by Bloomsbury Publishing. This book was released on 2020-09-03 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the performance of compensation law in addressing the needs of the injured. Compensation procedure can be dangerous to your health and may fail to compensate without aggravation/creating other problems. This book takes a refreshing and insightful approach to the law of compensation considering, from an interdisciplinary perspective, the actual effect of compensation law on people seeking compensation. Tort law, workers' compensation, medical law, industrial injury law and other schemes are examined and unintended consequences for injured people are considered. These include ongoing physical and mental illness, failure to rehabilitate, the impact on social security entitlements, medical care as well as the impact on those who serve – the lawyers, administrators, medical practitioners etc. All are explored in this timely and fascinating book. The contributors include lawyers, psychologists, and medical practitioners from multiple jurisdictions including Australia, the Netherlands, Canada, Italy and the UK.

Download or read book Atiyah s Accidents Compensation and the Law written by Peter Cane and published by Cambridge University Press. This book was released on 2018-09-13 with total page 535 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book applies social context to offer an understanding of the law concerning accidents, personal injury and death.

Download or read book Private Law in the 21st Century written by Kit Barker and published by Bloomsbury Publishing. This book was released on 2017-01-26 with total page 613 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together a wide range of contributors from across the common law world to identify and debate the principal moral and systemic challenges facing private law in the remaining part of the twenty-first century. The various contributions identify serious problems relating to complexity and overload, threats to research and education, the law's unintelligibility, the unsatisfactory nature of the law reform process and a general lack of public engagement. They consider the respective future roles of statutes, codes, and judge-made law (in the form of both common law and equitable rules). They consider how best to organise the private law system internally, and how to co-ordinate it externally with other public and economic systems (human rights, regulation, insurance markets and social security frameworks). They address the challenges for private law presented by new forms of technology, and by modern demands for the protection of new and intangible forms of moral interest, such as interests in privacy, 'vindication' and 'personal choice'. They also engage with the critical contemporary debates about access to, and the privatisation of, civil justice. The work is designed as a source of inspiration and reference for private lawyers, as well as legislators, policy-makers and students.

Download or read book Employers Liability and Workers Compensation written by Ken Oliphant and published by Walter de Gruyter. This book was released on 2012-10-30 with total page 660 pages. Available in PDF, EPUB and Kindle. Book excerpt: This large-scale comparative study analyses the two principal mechanisms employed in modern legal systems to deal with the social problem of occupational illness and injury, namely, employers' liability and workers' compensation. It provides a detailed description of the systems in operation in twelve countries around the world, investigating the complex legal structures and the interaction with other social institutions, as well as their inter-jurisdictional coordination through private international law. Current international trends are identified and assessed and the fundamental political issues highlighted and explored. The study's ultimate goals are not only descriptive but also to answer the question of how compensation and liability systems can best be adapted to meet society's needs in the 21st century. The countries covered are: Australia (Mark Lunney), Austria (Ernst Karner/Felix Kernbichler), Denmark (Vibe Ulfbeck), England and Wales (Richard Lewis), France (Florence G'Sell/Isabelle Veillard), Germany (Raimund Waltermann), Italy (Alessandro P Scarso/Massimo Foglia), Japan (Keizo Yamamoto/Tomohiro Yoshimasa), the Netherlands (Siewert D Lindenbergh), Poland (Domenika Dörre-Nowak), Romania (Christian Alunaru/Lucian Bojin) and the United States of America (Michael D Green/Daniel S Murdock). The book is completed by three concluding essays that address general themes: Thomas Thiede, The European Coordination of Employers' Liability and Workers' Compensation Ken Oliphant, The Changing Landscape of Work Injury Claims: Challenges for Employers' Liability and Workers' Compensation Gerhard Wagner, New Perspectives on Employers' Liability - Basic Policy Issues

Download or read book Cases and Materials on the Law of Restitution written by Andrew S. Burrows and published by . This book was released on 2007 with total page 1101 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by leading experts who have shaped and defined the law of restitution, the book provides an authoritative and scholarly guide to the subject. The second edition of this seminal title continues the formula of the first edition by combining a comprehensive coverage of cases with extracts from leading academic authorities.

Download or read book Markesinis and Deakin s Tort Law written by Simon F. Deakin and published by . This book was released on 2019 with total page 1011 pages. Available in PDF, EPUB and Kindle. Book excerpt: Markesinis and Deakin's Tort Law is an authoritative, analytical, and well-established textbook, now in its eighth edition. The authors provide a variety of comparative and economic perspectives on the law of tort and its likely development, placing the subject in its socio-economic context, giving students a deeper understanding of tort law.

Download or read book Social Security Law in Context written by Neville S. Harris and published by OUP Oxford. This book was released on 2000 with total page 606 pages. Available in PDF, EPUB and Kindle. Book excerpt: The social security system of Great Britain has reached a crossroads, following the election of a Labour Government promising a 'New Age' of welfare and seemingly prepared to 'think the unthinkable' on welfare reform, at a time when public expenditure on welfare benefits has reached nearlyL100 billion per annum. In 1985 the Conservative's Green Paper on social security reform announced that the benefits system had 'lost its way'. Attempts were made to curb benefits expenditure and reduce welfare dependency, for example through better 'targeting' of needs, the reinforcement ofpersonal and family responsibility, and tighter administrative controls. The ten years from 1988 to 1998 saw the introduction of many new benefit schemes including income support, family credit, the social fund, disability living allowance, incapacity benefit, and jobseeker's allowance as well asthe increasing influence of European Law. Yet the system 'achieves too little' according to the new Government's Green Paper on welfare reform, which promises ' a new contract between the citizen and the Government, based on responsibilities and rights'. The precise form these responsibilities andrights will take remains unknown, although we already have schemes like the New Deal and proposals for stakeholder pensions. Meanwhile, social security law continues to impact upon the lives of millions of citizens.After ten years of major legislative change, and with the prospect of a new direction, this is a time to take stock and to analyse the social and legal impact of the past decade's legislation, case law, and policy, as well as considering possible reforms. The book's approach is to organise this taskthematically, particularly with regard to the social context to social security, through discrete chapters on, for example, gender and the family, disability, housing, old age, and unemployment. It is also opportune to examine the theoretical framework of state welfare and social security,particularly in the context of social rights. The book aims to provide an authoritative, contextual and critical account of how British social security law has evolved, how it operates, its substance, and its social effects.

Download or read book The Economic Effects of the Liability System written by Daniel P. Kessler and published by Hoover Institution Press. This book was released on 1999 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Private Law and Human Rights written by Daniel Visser and published by Edinburgh University Press. This book was released on 2013-07-31 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative investigation into the revolution in private law in the era of human rightsScotland and South Africa are mixed jurisdictions, combining features of common law and civil law traditions. Over the last decade a shared feature in both Scotland

Download or read book Q A Torts 2009 2010 8 e written by Jason Lowther and published by Routledge. This book was released on 2009-06-02 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Each Routledge-Cavendish Q&A contains 50 questions on topics commonly found on exam papers, with comprehensive suggested answers. The titles are written by lecturers who are also examiners, so the student gains an important insight into exactly what examiners are looking for in an answer. This makes them excellent revision and practice guides. This new edition contains five new questions and answers which incorporate the most recent decisions and statute law on a whole range of tort law topics, including Human rights; Negligence; Statutory powers; Privacy and the Compensation Act 2006. Demonstrating to candidates how to translate knowledge into answers that will attract high grades in examinations, it is especially useful for the undergraduate law student who is in the process of preparing for examinations.

Download or read book Unexpected Consequences of Compensation Law written by Prue Vines and published by Bloomsbury Publishing. This book was released on 2020-09-03 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the performance of compensation law in addressing the needs of the injured. Compensation procedure can be dangerous to your health and may fail to compensate without aggravation/creating other problems. This book takes a refreshing and insightful approach to the law of compensation considering, from an interdisciplinary perspective, the actual effect of compensation law on people seeking compensation. Tort law, workers' compensation, medical law, industrial injury law and other schemes are examined and unintended consequences for injured people are considered. These include ongoing physical and mental illness, failure to rehabilitate, the impact on social security entitlements, medical care as well as the impact on those who serve – the lawyers, administrators, medical practitioners etc. All are explored in this timely and fascinating book. The contributors include lawyers, psychologists, and medical practitioners from multiple jurisdictions including Australia, the Netherlands, Canada, Italy and the UK.

Download or read book Oversight Hearings on the Longshoremen s and Harbor Workers Compensation Act written by United States. Congress. House. Committee on Education and Labor. Subcommittee on Compensation, Health, and Safety and published by . This book was released on 1977 with total page 972 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Medical Law written by Emily Jackson and published by Oxford University Press. This book was released on 2016 with total page 1065 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a clear and accessible guide to medical law, this work contains extracts from a wide variety of academic materials so that students can acquire a good understanding of a range of different perspectives.

Download or read book An Injury Law Constitution written by Marshall S. Shapo and published by Oxford University Press. This book was released on 2012-03-26 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: Author Marshall S. Shapo presents the argument that the body of law Americans have developed concerning responsibility for injuries and prevention of injuries has some of the qualities of a constitution--a fundamental set of principles that govern relations among people and between people and corporate and governmental institutions. This 'injury law constitution' includes tort law, legislative compensation systems like workers compensation, and the many statutes that regulate the safety of risky activities and of products ranging from drugs and medical devices to automobiles and cigarettes. An Injury Law Constitution presents a novel thesis that embraces leading features of the American law of injuries. Professor Shapo's analysis, into which he weaves the history of these varied systems of law, links them to the unique compensation plan devised for the victims of the September 11th attacks on the World Trade Center. Professor Shapo examines how our injury law reflects deeply held views in American society on risk and injury, indicating how the injury law constitution serves as a guide to the question of what it means to be an American. Refusing to accept easy academic formulas, An Injury Law Constitution captures the reality of how people respond to injury risks in functional contexts involving diverse activities and products.

Download or read book Oversight Hearings on the Longshoremen s and Harbor Workers Compensation Act Hearings held in San Francisco Calif on June 24 25 Washington D C on July 25 September 19 26 27 28 October 18 1977 written by United States. Congress. House. Committee on Education and Labor. Subcommittee on Compensation, Health, and Safety and published by . This book was released on 1977 with total page 964 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book International Encyclopedia of Comparative Law written by René David and published by Brill Archive. This book was released on 1975 with total page 854 pages. Available in PDF, EPUB and Kindle. Book excerpt: