Damages and Compensation Culture

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 150990204X
Total Pages : 357 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Damages and Compensation Culture by : Eoin Quill

Download or read book Damages and Compensation Culture written by Eoin Quill and published by Bloomsbury Publishing. This book was released on 2016-11-17 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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Author :
Publisher : Editions Bréal
ISBN 13 : 2749523141
Total Pages : 241 pages
Book Rating : 4.7/5 (495 download)

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Book Synopsis by :

Download or read book written by and published by Editions Bréal. This book was released on with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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

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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.

Non-Contractual Liability Arising out of Damage Caused to Another

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Publisher : Walter de Gruyter
ISBN 13 : 3866538650
Total Pages : 1441 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis Non-Contractual Liability Arising out of Damage Caused to Another by : Christian von Bar

Download or read book Non-Contractual Liability Arising out of Damage Caused to Another written by Christian von Bar and published by Walter de Gruyter. This book was released on 2009-08-17 with total page 1441 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Non-contractual liability arising out of damage caused to another" is one of the three main non-contractual obligations dealt with in the DCFR. The law of non-contractual liability arising out of damage caused to another (in the Common Law known as tort law or the law of torts, but in most other jurisdictions referred to as the law of delict) is the area of law which determines whether one who has suffered a damage can on that account demand reparation (in money or in kind) from another with whom there may be no other legal connection than the causation of damage itself. Besides determining the scope and extent of responsibility for dangers of one's own or another's creation, this field of law serves to protect fundamental rights in the private law domain, that is to say horizontally between citizens inter se. Based on pan-European comparative research which annotates the work, this volume presents model rules on liability. Explanatory comments and illustrations amplify the policy decisions involved. During the drafting process, comparative material from over 25 different EU jurisdictions has been taken into account. The work therefore is not only a presentation of a future model for European rules to come but provides also a fairly detailed indication of the present legal situation in the Member States.

French Civil Liability in Comparative Perspective

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Publisher : Bloomsbury Publishing
ISBN 13 : 150992728X
Total Pages : 548 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 548 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.

Handbook of Forensic Medicine

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Publisher : John Wiley & Sons
ISBN 13 : 1118570626
Total Pages : 1312 pages
Book Rating : 4.1/5 (185 download)

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Book Synopsis Handbook of Forensic Medicine by : Burkhard Madea

Download or read book Handbook of Forensic Medicine written by Burkhard Madea and published by John Wiley & Sons. This book was released on 2014-03-17 with total page 1312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Forensic Medicine encompasses all areas in which medicine and law interact. This book covers diverse aspects of forensic medicine including forensic pathology, traumatology and violent death, sudden and unexpected death, clinical forensic medicine, toxicology, traffic medicine, identification, haemogenetics and medical law. A knowledge of all these subdisciplines is necessary in order to solve routine as well as more unusual cases. Taking a comprehensive approach the book m.oves beyond a focus on forensic pathology to include clinical forensic medicine and forensic toxicology. All aspects of forensic medicine are covered to meet the specialist needs of daily casework. Aspects of routine analysis and quality control are addressed in each chapter. The book provides coverage of the latest developments in forensic molecular biology, forensic toxicology, molecular pathology and immunohistochemistry. A must-have reference for every specialist in the field this book is set to become the bench-mark for the international forensic medical community.

Tort Law in Quebec

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403508426
Total Pages : 142 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Tort Law in Quebec by : Jean-Louis Baudouin

Download or read book Tort Law in Quebec written by Jean-Louis Baudouin and published by Kluwer Law International B.V.. This book was released on 2018-12-14 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in Quebec. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person's most fundamental rights on a worldwide scale. Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers in Quebec. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.

Tort Law in France

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 940353575X
Total Pages : 310 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Tort Law in France by : Jonas Knetsch

Download or read book Tort Law in France written by Jonas Knetsch and published by Kluwer Law International B.V.. This book was released on 2021-08-20 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in France. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights on a worldwide scale. Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered. The work gives an extensive picture of the current state of law and a first indication on the future French tort law, based on the last Government proposal for a comprehensive reform of the civil liability rules. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers in France. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.

Comparative Tort Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 1789905982
Total Pages : 584 pages
Book Rating : 4.7/5 (899 download)

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Book Synopsis Comparative Tort Law by : Mauro Bussani

Download or read book Comparative Tort Law written by Mauro Bussani and published by Edward Elgar Publishing. This book was released on 2021-02-26 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: This revised second edition of Comparative Tort Law: Global Perspectives offers an updated and enriched framework for analysing and understanding the current state of tort law around the world. Using a critical comparative methodology, it covers not only the common tort law issues but also many jurisdictions often overlooked in the mainstream literature. Contributions explore illuminating case studies from tort systems in Europe, the US, Latin America, Asia and sub-Saharan Africa, including new chapters specifically discussing tort law in Brazil, India and Russia.

Reforming the French Law of Obligations

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Publisher : Bloomsbury Publishing
ISBN 13 : 184731502X
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.

2022

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Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 3111241688
Total Pages : 814 pages
Book Rating : 4.1/5 (112 download)

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Book Synopsis 2022 by : Ernst Karner

Download or read book 2022 written by Ernst Karner and published by Walter de Gruyter GmbH & Co KG. This book was released on 2023-12-18 with total page 814 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Loss of Housekeeping Capacity

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Publisher : Walter de Gruyter
ISBN 13 : 3899498143
Total Pages : 356 pages
Book Rating : 4.8/5 (994 download)

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Book Synopsis Loss of Housekeeping Capacity by : Ernst Karner

Download or read book Loss of Housekeeping Capacity written by Ernst Karner and published by Walter de Gruyter. This book was released on 2012-07-30 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: The topic is of particular interest for insurers as compensation for loss of housekeeping capacity is one of the main heads of damages awarded for personal injury. Naturally it also has considerable importance for accident victims. Yet it has received relatively little scholarly attention, at least from a comparative perspective. The aim of this study is to examine national approaches to the award of damages under the head of loss of housekeeping capacity, and to compare the levels of damages so awarded. The research will therefore address both the concepts employed in different national systems and, by means of practical case studies, the compensation actually paid in individual cases. The results of the research comprise ten country reports (Austria, England and Wales, France, Germany, Italy, The Netherlands, Norway, Poland, Spain and Switzerland) based on a Questionnaire (Part I: General Part and Doctrine, Part II: Concrete Assessment Examples) and a concluding Comparative Report. This project, "Loss of Housekeeping Capacity", was undertaken at the request of the Swiss Insurance Association.

Compensating Catastrophe Victims

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041132635
Total Pages : 650 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Compensating Catastrophe Victims by : Véronique Bruggeman

Download or read book Compensating Catastrophe Victims written by Véronique Bruggeman and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 650 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book shows that amelioration of the current compensation solutions for disaster victims is indeed a possibility. In a heated yet often poorly informed debate, it offers clarity and insights regarding the financial compensation for victims of catastrophes which, in addition to raising academic interest, are certain to help build a framework for future policymakers and lawmakers faced with shaping compensation programmes for catastrophe victims.

European Yearbook / Annuaire Europeen 1977

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789024721610
Total Pages : 720 pages
Book Rating : 4.7/5 (216 download)

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Book Synopsis European Yearbook / Annuaire Europeen 1977 by : Council of Europe/Conseil de L'Europe

Download or read book European Yearbook / Annuaire Europeen 1977 written by Council of Europe/Conseil de L'Europe and published by Martinus Nijhoff Publishers. This book was released on 1979-10-01 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt: The "European Yearbook" promotes the scientific study of nineteen European supranational organisations and the OECD. The series offers a detailed survey of the history, structure and yearly activities of each organisation and an up-to-date overview of the member states of each organisation. This special anniversary volume celebrates 60 years of publication of the Yearbook, and its contents differs from that of the regular volumes therefore. It offers a selection of the most important articles, dealing with European cooperation and integration, to appear in the Yearbook during its 60 years of publication. These are of particular interest not only because they provide a unique historical snapshot of the many successes (and occasional failures) in the field of European integration but also because they discuss the ideals and aims that lay behind these efforts, many of which still resonate today as Europe confronts questions about its political destiny and ideal shape. This volume contains articles in English and French."

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:

Handbook of Work Disability

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Publisher : Springer Science & Business Media
ISBN 13 : 1461462142
Total Pages : 519 pages
Book Rating : 4.4/5 (614 download)

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Book Synopsis Handbook of Work Disability by : Patrick Loisel

Download or read book Handbook of Work Disability written by Patrick Loisel and published by Springer Science & Business Media. This book was released on 2013-03-22 with total page 519 pages. Available in PDF, EPUB and Kindle. Book excerpt: ​This book addresses the developing field of Work Disability Prevention. Work disability does not only involve occupational disorders originating from the work or at the workplace, but addresses work absenteeism originating from any disorder or accident. This topic has become of primary importance due to the huge compensation costs and health issues involved. For employers it is a unique burden and in many countries compensation is not even linked to the cause of the disorder. In the past twenty years, studies have accumulated which emphasize the social causes of work disability. Governments and NGOs such as the World Bank, the International Labor Organization, and the Organization for Economic Cooperation and Development have produced alarming reports on the extent of this problem for developed and developing countries. However, no comprehensive book is presently available to help them address this emerging field where new knowledge should induce new ways of management.​

IATA Law Reporter

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Author :
Publisher :
ISBN 13 :
Total Pages : 598 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis IATA Law Reporter by :

Download or read book IATA Law Reporter written by and published by . This book was released on 1985 with total page 598 pages. Available in PDF, EPUB and Kindle. Book excerpt: