The damages lottery

著者

• Atiyah, P. S. (Patrick Selim)

書誌事項

The damages lottery

P.S. Atiyah

Hart, 1997

• : pbk

注記

Includes index

内容説明・目次

巻冊次

ISBN 9781901362053

内容説明

A man slips on the dancefloor 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. This critique of the present law and practice relating to damages, shows that the damages system is in fact a lottery. It contends that the public are paying far too much for an unfair and inefficient insurance system, and that reform is long overdue. The book concludes that actions for damages for injuries should be abolished and replaced with a new no-fault road accident scheme, and actions for injuries should be dealt with by individual or group insurance policies.

目次

• Part 1: the law of negligence
• strict liability
• intentional torts
• liability for how much?
• who pays?
• suing and settlements
• legal aid and "no win, no fee" cases. Part 2: stretching the concept of fault
• stretching the law where the defendant is not solely to blame
• stretching the rules of causation
• stretching the kinds of injury you can claim damages for. Part 3: stretching the damages which can be awarded
• stretching the number of people you can sue
• more stretching of the people you can sue - public authorities
• has the stretching gone too far?. Part 4: claims for personal injuries
• road accidents
• industrial accidents. Part 5: the guilty parties do not pay
• the public pays
• the consequences of recognising that the public pay
• the insurance companies
• who pays in contractual cases?. Part 6: the law encourages the blame culture
• the system is a lottery
• the system is inefficient
• how have we got into this mess?. Part 7: punishment and deterrence
• economic considerations
• public accountability. Part 8: a new look at the whole system of civil liability
• personal injuries - some dead ends
• the way ahead - road accidents
• the way ahead - other accidents and injuries.

巻冊次

: pbk ISBN 9781901362060

内容説明

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.

目次

• Part 1: the law of negligence
• strict liability
• intentional torts
• liability for how much?
• who pays?
• suing and settlements
• legal aid and "no win, no fee" cases. Part 2: stretching the concept of fault
• stretching the law where the defendant is not solely to blame
• stretching the rules of causation
• stretching the kinds of injury you can claim damages for. Part 3: stretching the damages which can be awarded
• stretching the number of people you can sue
• more stretching of the people you can sue - public authorities
• has the stretching gone too far?. Part 4: claims for personal injuries
• road accidents
• industrial accidents. Part 5: the guilty parties do not pay
• the public pays
• the consequences of recognising that the public pay
• the insurance companies
• who pays in contractual cases?. Part 6: the law encourages the blame culture
• the system is a lottery
• the system is inefficient
• how have we got into this mess?. Part 7: punishment and deterrence
• economic considerations
• public accountability. Part 8: a new look at the whole system of civil liability
• personal injuries - some dead ends
• the way ahead - road accidents
• the way ahead - other accidents and injuries.

「Nielsen BookData」 より

詳細情報

• NII書誌ID(NCID): BA31848511
• ISBN:
  • 1901362051
  • 190136206X
• 出版国コード: uk
• タイトル言語コード: eng
• 本文言語コード: eng
• 出版地: Oxford
• ページ数/冊数: viii, 201 p.
• 大きさ: 22 cm
• 分類:
  • NDC8 : 324.933