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Law in Context: Atiyah's Accidents, Compensation and the Law, 8th Edition

Law in Context: Atiyah's Accidents, Compensation and the Law, 8th Edition

  • 作者:
  • 出版商: Cambridge University Press
  • ISBN: 9781107636323
  • 出版时间 March 2013
  • 规格: Paperback , 540 pages
  • 适应领域: International ? 免责申明:
    Countri(es) stated herein are used as reference only
最新版已經出版!
  • 描述 
  • 大纲 
  • 作者 
  • 详细

    Since publication of the seventh edition of this seminal text, personal injury law has witnessed momentous changes. A major overhaul of the social security system began in 2012 and the Equality Act 2010 significantly modifies anti-discrimination law and its impact on the disabled. But perhaps the most important legal developments have affected the financing and conduct of personal injury claiming and the operation of the claims-management industry. This new edition takes account of all this activity while setting it into a wider and longer perspective. Complaints that Britain is a 'compensation culture' and that the tort system is out of control are explained and assessed and options for further change are explored. Through the turmoil and controversy, the tort system remains a central feature of the legal and social landscape. The book's enduring central argument for its radical reform remains as compelling as ever.

    • Explains the basic concepts of personal injury law and how it relates to other areas of the law

    • Takes account of the latest statistical and empirical data about the operation of the tort system

    • Examines complaints that Britain is a compensation culture and that the tort system is out of control

  • Part I. The Issues in Perspective:

    1. Introduction: surveying the field;

    Part II. The Tort System in Theory:

    2. Fault as a basis of liability;

    3. The scope of the tort of negligence;

    4. Departures from the fault principle;

    5. Causation and remoteness of damage;

    6. Damages for personal injury and death;

    7. An appraisal of the fault principle;

    Part III. The Tort System in Operation:

    8. Claims and claimants;

    9. Tortfeasors and insurers;

    10. Settlements and trials;

    Part IV. Other Compensation Systems:

    11. First-party insurance;

    12. Compensation for criminal injuries;

    13. The social security system;

    14. Other forms of assistance;

    Part V. The Overall Picture:

    15. A plethora of systems;

    16. The cost of compensation and who pays it;

    17. The functions of compensation systems;

    Part VI. The Future:

    18. Accident compensation in the twenty-first century;

    Index.

  • Peter Cane
    Australian National University, Canberra

    Patrick Atiyah
    University of Oxford

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