Download Atiyah's accidents, compensation and the law by Peter Cane PDF

By Peter Cane

Because its first e-book, injuries, reimbursement and the legislations has been acknowledged because the top therapy of the legislation of private accidents repayment and the social, political and monetary concerns surrounding it. The 7th variation of this vintage paintings explores contemporary momentous adjustments in own harm legislations and perform and places them into huge viewpoint. most importantly, it examines advancements affecting the financing and behavior of private damage claiming: the abolition of criminal reduction for many own harm claims; the expanding use of conditional cost agreements and after-the-event assurance; the meteoric upward thrust and forthcoming rules of the claims administration undefined. lawsuits that Britain is a 'compensation tradition' anguish an 'insurance obstacle' are investigated. New data on tort claims are mentioned, offering clean insights into the evolution of the tort procedure which, regardless of contemporary reforms, continues to be deeply unsuitable and ripe for radical reform.

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Extra resources for Atiyah's accidents, compensation and the law

Sample text

Thus the burden would not fall alone on those whose homes or business premises were hit, but would be borne evenly on the shoulders of the nation. Here the justice of treating war damage as a charge on the State is clearly rested on the notion of equality. Few would disagree with these sentiments. The question is how far this principle can be extended. In his speech in the House of Commons introducing the War Damage Bill, Churchill pointed out that the principle of State compensation must be limited to direct loss from enemy action and not extend to indirect loss such as loss arising from business failure.

This book is principally concerned with personal injuries and death, and only marginally with damage to property. The main reason for including some discussion of property damage is that it allows some illuminating contrasts to be drawn between different possible ways in which a compensation system can operate. The comparison, for instance, between the way in which tort law works in relation to personal injuries and the way fire insurance works in relation to damage to houses is so significant that it would be wrong to exclude all reference to property damage.

There are Introduction: surveying the field many other methods of compensation, such as the social security system and the criminal injuries compensation system, which deal with disability and bodily injuries. Personal accident insurance is also important – although it operates principally, but by no means exclusively, in the field of damage to property. Besides being only a part of the picture, in practice tort law operates very differently from the way suggested by a simple statement of the relevant legal rules.

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