Damages and compensation culture : comparative perspectives

著者

書誌事項

Damages and compensation culture : comparative perspectives

edited by Eoin Quill and Raymond J. Friel

Hart Pub., 2016

  • : HB

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注記

"This book presents a collection of papers from a conference entitled 'Compensation Culture : Comparative Tort Law Reform in the 21st Century' held at the University of Limerick on 23-24 May 2014"--Introd

Includes bibliographical references and index

収録内容

  • "The whiplash capital of the world" : genealogy of a compensation myth / Ken Oliphant
  • Structural factors affecting the number and cost of personal injury claims in the tort system / Richard Lewis
  • A reflexive approach to accident law reform / Erik S. Knutsen
  • Reforming English tort law : lessons from Australia / James Goudkamp
  • Non-pecuniary damages for personal injury : a reflection on the Canadian experience / Jeff Berryman
  • Identifying and calculating personal injury damages in Ireland, Italy, France, and Belgium : recent debates between scholars, judges, and practitioners / Denise Amram
  • Deconstructing policy on costs and the compensation culture / Annette Morris
  • Personal injuries assessment board : a decade of delivery? / Dorothea Dowling
  • An overview of the role of medical panels in Victorian legislation / Dr. Carol A. Newlands
  • Concurrent fault at 90 : a history of Ontario's Negligence Act and Canada's Uniform Contributory Fault Act / John C Kleefeld
  • Individualism and autonomy in occupiers liability and compensation culture / Desmond Ryan
  • Compensation culture and sport / Tim O'Connor

内容説明・目次

内容説明

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.

目次

Part I: General Features of the Relationship between Damages and Compensation Culture 1. 'The Whiplash Capital of the World': Genealogy of a Compensation Myth Ken Oliphant 2. Structural Factors Affecting the Number and Cost of Personal Injury Claims in the Tort System Richard Lewis 3. A Reflexive Approach to Accident Law Reform Erik S Knutsen Part II: Damages Reform in Various Jurisdictions 4. Reforming English Tort Law: Lessons from Australia James Goudkamp 5. Non-Pecuniary Damages for Personal Injury: A Reflection on the Canadian Experience Jeff Berryman 6. Identifying and Calculating Personal Injury Damages in Ireland, Italy, France and Belgium: Recent Debates between Scholars, Judges and Practitioners Denise Amram Part III: The Process for Delivery of Damages 7. Deconstructing Policy on Costs and the Compensation Culture Annette Morris 8. Personal Injuries Assessment Board: A Decade of Delivery? Dorothea Dowling 9. An Overview of the Role of Medical Panels in Victorian Legislation Dr Carol A Newlands Part IV: Compensation and Personal Responsibility 10. Concurrent Fault at 90: A History of Ontario's Negligence Act and Canada's Uniform Contributory Fault Act John C Kleefeld 11. Individualism and Autonomy in Occupiers' Liability and Compensation Culture Desmond Ryan 12. Compensation Culture and Sport Tim O'Connor

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