Medical Accident Liability and Redress in English and French Law

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1316300935
Total Pages : 197 pages
Book Rating : 4.3/5 (163 download)

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Book Synopsis Medical Accident Liability and Redress in English and French Law by : Simon Taylor

Download or read book Medical Accident Liability and Redress in English and French Law written by Simon Taylor and published by Cambridge University Press. This book was released on 2015-06-11 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2002 France introduced an out-of-court settlement scheme for medical accidents. The scheme guarantees compensation for the victims of the most serious medical accidents irrespective of fault and operates in parallel with existing liability rules. In this book Simon Taylor compares English and French law on medical accident liability and redress and considers what lessons the French model can provide for potential reform in England and elsewhere. Taylor emphasizes the effect of the English and French rules on access to compensation and on the cost of liability and examines the problems that have been posed by the introduction of an administrative redress scheme in France. This book looks at the potential consequences of English and French rules for the doctor-patient relationship and for patient safety, and considers the role that national legal traditions and cultures of civil liability in England and France play in shaping national law in this area.

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Author :
Publisher : Odile Jacob
ISBN 13 : 2738178545
Total Pages : 305 pages
Book Rating : 4.7/5 (381 download)

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Book Synopsis by :

Download or read book written by and published by Odile Jacob. This book was released on with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Reforming the French Law of Obligations

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847317219
Total Pages : 950 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Reforming the French Law of Obligations by : John Cartwright

Download or read book Reforming the French Law of Obligations written by John Cartwright and published by Bloomsbury Publishing. This book was released on 2009-04-17 with total page 950 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2005 Avant-projet de réforme du droit des obligations et de la prescription, also dubbed the Avant-projet Catala, suggests the most far-reaching reform of the French Civil code since it came into force in 1804. It reviews central aspects of contract law, the law of delict and the law of unjustified enrichment. There is currently a very lively debate in France as to the merits or the demerits of both the particular draft provisions and the general idea of recodification as such. This volume is the first publication to introduce the reform proposals to an English speaking audience. It contains the official English translation of the text, and distinguished private lawyers from both England and France analyse and assess particularly interesting aspects of the substantive draft provisions in a comparative perspective. Topics covered include negotiation and renegotiation of contracts, la cause, the enforcement of contractual obligations, termination of contract and its consequences, the effects of contracts on third parties, the definition of la faute, the quantification of damages, and the law of prescription. The volume also contains an overall assessment of the draft provisions by one of the most senior French judges who chaired the Working Party on the Avant-projet, established by the French Supreme Court, the Cour de cassation. The book is indispensable for comparative private lawyers and lawyers with a particular interest in French law. It is also of use to all private lawyers (both academics and practitioners) looking for information on recent international and European trends in contract and tort.

Compensation Schemes for Damages Caused by Healthcare and Alternatives to Court Proceedings

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Author :
Publisher : Springer Nature
ISBN 13 : 3030670007
Total Pages : 458 pages
Book Rating : 4.0/5 (36 download)

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Book Synopsis Compensation Schemes for Damages Caused by Healthcare and Alternatives to Court Proceedings by : Dobrochna Bach-Golecka

Download or read book Compensation Schemes for Damages Caused by Healthcare and Alternatives to Court Proceedings written by Dobrochna Bach-Golecka and published by Springer Nature. This book was released on 2021-05-16 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book discusses compensation mechanisms and other non-judicial means that offer alternatives to court proceedings, designed and provided for within national legal regimes. Such schemes are primarily of a civil or administrative character and are mainly intended to supplement criminal liability for medical negligence. As such, the book focuses on medical malpractice and prospective medical harm from a civil law perspective. It examines the contemporary perspective of a patient-physician relationship, which has evolved from a relation of a quasi-patrimonial character into a partnership of quasi-equal parties, dealing with a medical treatment procedure as a scientific endeavor. It also reviews the extra-legal conditions that are taken into account in compensation arrangements, particularly the need to satisfy a psychological urge for conciliation and empathy on the part of medical personnel. Lastly, the book explores the responsibility of public authorities and healthcare providers to guarantee access to healthcare that is of a sufficient quality, based upon standards provided for in international (and European) law.

A Law for the Environment

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Publisher : IUCN
ISBN 13 : 9782831702032
Total Pages : 298 pages
Book Rating : 4.7/5 (2 download)

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Book Synopsis A Law for the Environment by : Alexandre Charles Kiss

Download or read book A Law for the Environment written by Alexandre Charles Kiss and published by IUCN. This book was released on 1994 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Damages for Violations of Human Rights

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Publisher : Springer
ISBN 13 : 3319189506
Total Pages : 488 pages
Book Rating : 4.3/5 (191 download)

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Book Synopsis Damages for Violations of Human Rights by : Ewa Bagińska

Download or read book Damages for Violations of Human Rights written by Ewa Bagińska and published by Springer. This book was released on 2015-10-20 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume analyses the legal grounds, premises and extent of pecuniary compensation for violations of human rights in national legal systems. The scope of comparison includes liability regimes in general and in detail, the correlation between pecuniary remedies available under international law and under domestic law, and special (alternative) compensation systems. All sources of human rights violations are embraced, including historical injustices and systematical and gross violations. The book is a collection of nineteen contributions written by public international law, international human rights and private law experts, covering fifteen European jurisdictions (including Central and Eastern Europe), the United States, Israel and EU law. The contributions, initially prepared for the 19th International Congress of Comparative law in Vienna (2014), present the latest developments in legislation, scholarship and case-law concerning domestic causes of action in cases of human rights abuses. The book concludes with a comparative report which assesses the developments in tort law and public liability law, the role of the constitutionalisation of the right to damages as well as the court practice related to the process of enforcement of human rights through monetary remedies. This country-by-country comparison allows to consider whether the value of protection of human rights as expressed in international treaties, ius cogens and in national constitutional laws justifies the conclusion that the interests at stake should enjoy protection under the existing civil liability rules, or that a new cause of action, or even a whole new set of rules, should be created in national systems.

L' Avenir Du Droit International de L'environnement

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789024732395
Total Pages : 540 pages
Book Rating : 4.7/5 (323 download)

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Book Synopsis L' Avenir Du Droit International de L'environnement by : Renâe Jean Dupuy

Download or read book L' Avenir Du Droit International de L'environnement written by Renâe Jean Dupuy and published by Martinus Nijhoff Publishers. This book was released on 1985-11-04 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: German Environmental Law addresses scholars, lawmakers, administrators, investors, & protectionists from outside Germany who do not read German but wish to have access to the sources of German environmental law. The major law texts concerning nature conservation, air quality control, water protection, waste management, road planning, environmental impact assessment & environmental liability are reproduced. Also included are the Technical Instructions on Air Quality Control, an administrative guideline of great practical importance, which is often taken as a point of reference for the construction of industrial plants, even outside Germany. The law texts are accompanied by a case-related introduction to German environmental law. While there are numerous introductions to & editions of German environmental law in the German language, this book is the first to outline German environmental law & reproduce the basic law texts in the English language.

Conférence internationale du travail

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Publisher :
ISBN 13 :
Total Pages : 720 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Conférence internationale du travail by :

Download or read book Conférence internationale du travail written by and published by . This book was released on 1921 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt:

French Civil Liability in Comparative Perspective

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509927298
Total Pages : 545 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis French Civil Liability in Comparative Perspective by : Jean-Sébastien Borghetti

Download or read book French Civil Liability in Comparative Perspective written by Jean-Sébastien Borghetti and published by Bloomsbury Publishing. This book was released on 2019-12-26 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: The French law of torts or of extra-contractual liability is widely seen as exceptional. For long it was based on a mere five articles of the Civil Code of 1804, but on this foundation the courts and legal scholars have constructed liabilities for fault and strict liability of an extraordinary breadth and significance. While the rest of the general law of obligations (including contract) in the Civil Code was reformed in 2016 by executive ordonnance, this area was left aside, being the subject in 2017 of a proposal by the French Government for the legislative reform of the law of civil liability, a new legislative category to include both contractual and extra-contractual liability. This work considers important aspects of this developing area of French law in a series of essays by French lawyers and comparative lawyers working in French law and other civil law systems. In doing so, it provides insight into the doctrinal thinking and judgments of French lawyers as well as the possible directions in which this area of the law may be developed in the future.

Minutes of the ... Session of the Governing Body

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Author :
Publisher :
ISBN 13 :
Total Pages : 966 pages
Book Rating : 4.E/5 ( download)

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Book Synopsis Minutes of the ... Session of the Governing Body by : International Labour Office. Governing Body. Session

Download or read book Minutes of the ... Session of the Governing Body written by International Labour Office. Governing Body. Session and published by . This book was released on 1926 with total page 966 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Labor Conference

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Publisher :
ISBN 13 :
Total Pages : 790 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis International Labor Conference by :

Download or read book International Labor Conference written by and published by . This book was released on 1926 with total page 790 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Marine Affairs Bibliography

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Publisher : BRILL
ISBN 13 : 9789024735709
Total Pages : 714 pages
Book Rating : 4.7/5 (357 download)

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Book Synopsis Marine Affairs Bibliography by : Christian L. Wiktor

Download or read book Marine Affairs Bibliography written by Christian L. Wiktor and published by BRILL. This book was released on 1987 with total page 714 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Justifying Strict Liability

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Publisher : Oxford University Press
ISBN 13 : 0192676075
Total Pages : 402 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Justifying Strict Liability by : Marco Cappelletti

Download or read book Justifying Strict Liability written by Marco Cappelletti and published by Oxford University Press. This book was released on 2022-05-23 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: The imposition of strict liability in tort law is controversial, and its theoretical foundations are the object of vigorous debate. Why do or should we impose strict liability on employers for the torts committed by their employees, or on a person for the harm caused by their children, animals, activities, or things? In responding to this type of questions, legal actors rely on a wide variety of justifications. Justifying Strict Liability explores, in a comparative perspective, the most significant arguments that are put forward to justify the imposition of strict liability in four legal systems, two common law, England and the United States, and two civil law, France and Italy. These justifications include: risk, accident avoidance, the 'deep pockets' argument, loss-spreading, victim protection, reduction in administrative costs, and individual responsibility. By looking at how these arguments are used across the four legal systems, this book considers a variety of patterns which characterise the reasoning on strict liability. The book also assesses the justificatory weight of the arguments, showing that these can assume varying significance in the four jurisdictions and that such variations reflect different views as to the values and goals which inspire strict liability and tort law more generally. Overall, the book seeks to improve our understanding of strict liability, to shed light on the justifications for its imposition, and to enhance our understanding of the different tort cultures featuring in the four legal systems studied.

Liber amicorum Jean-Luc Fagnart

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Publisher : Anthemis
ISBN 13 : 2874551252
Total Pages : 1015 pages
Book Rating : 4.8/5 (745 download)

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Book Synopsis Liber amicorum Jean-Luc Fagnart by : Jean Rogge

Download or read book Liber amicorum Jean-Luc Fagnart written by Jean Rogge and published by Anthemis. This book was released on 2008 with total page 1015 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Recueil des Cours, Collected Courses, Volume 220 (1990-I)

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9780792310778
Total Pages : 414 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis Recueil des Cours, Collected Courses, Volume 220 (1990-I) by :

Download or read book Recueil des Cours, Collected Courses, Volume 220 (1990-I) written by and published by Martinus Nijhoff Publishers. This book was released on 1991-01-14 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is an institution for the study and teaching of public and private international law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the Collected Courses of the Hague Academy of International Law. This volume contains: - Reform, but not Revolution. General Course on Private International Law, by Peter M. NORTH - Questions de droit international priv et dommages catastrophiques, par Tito BALLARINO.

Yearbook of the European Convention on Human Rights/Annuairede LA Convention Europeenne Des Droits De I'Homme

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Author :
Publisher : BRILL
ISBN 13 : 9789041105547
Total Pages : 712 pages
Book Rating : 4.1/5 (55 download)

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Book Synopsis Yearbook of the European Convention on Human Rights/Annuairede LA Convention Europeenne Des Droits De I'Homme by : Council of Europe

Download or read book Yearbook of the European Convention on Human Rights/Annuairede LA Convention Europeenne Des Droits De I'Homme written by Council of Europe and published by BRILL. This book was released on 1998-01-01 with total page 712 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Le droit international des assurances

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789028605626
Total Pages : 668 pages
Book Rating : 4.6/5 (56 download)

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Book Synopsis Le droit international des assurances by :

Download or read book Le droit international des assurances written by and published by Martinus Nijhoff Publishers. This book was released on 1968-12-01 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt: