Negligence and Illegality

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509906673
Total Pages : 286 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Negligence and Illegality by : Sharon Erbacher

Download or read book Negligence and Illegality written by Sharon Erbacher and published by Bloomsbury Publishing. This book was released on 2017-01-26 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines claims in negligence arising from illegal conduct of the claimant. An array of public policy and other grounds have been advanced for resolving these claims, resulting in an area that is characterised by confusing and contradictory case law. The book analyses the various explanations put forward as the basis for illegality doctrine within a framework of corrective justice theory. Illegality law poses particular challenges for the corrective justice explanation of negligence law, as many illegality tests are based on public policy considerations external to the relationship of the parties. The book argues that the only circumstance where illegality doctrine should be applied to deny a claim is where this is necessary to preserve the coherence of the legal system. It develops the work of Ernest Weinribian corrective justice theorists to explain how the principle of legal coherence fits within the framework of corrective justice theory, and why legal coherence is the only valid conceptual basis for a doctrine of illegality. It also contains a detailed study on the scope of the coherence rationale and the principles that will determine its application.

Unravelling Tort and Crime

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Publisher : Cambridge University Press
ISBN 13 : 1139993356
Total Pages : 465 pages
Book Rating : 4.1/5 (399 download)

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Book Synopsis Unravelling Tort and Crime by : Matthew Dyson

Download or read book Unravelling Tort and Crime written by Matthew Dyson and published by Cambridge University Press. This book was released on 2014-07-17 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tort law and criminal law are closely bound together but their relationship rarely receives sustained and rigorous scrutiny. This is the first significant project in England and Wales to address that shortcoming. Building on growing interest amongst both academics and practitioners in the relationship between tort and crime, it draws together leading experts to chart the field and explore key points of interest. It uses a range of perspectives from legal theory, doctrine, legal history and comparative law to address some of the most important and interesting links between tort and crime. Examples include how the illegality defence operates to avoid stultification of the law, the difference between criminal and civil causation, how the Motor Insurers' Bureau not only insures but acts to enforce laws and alter behaviour, and why civil law only very rarely restores specific property but the criminal law does it daily.

Business Law I Essentials

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Publisher :
ISBN 13 : 9781680923025
Total Pages : 180 pages
Book Rating : 4.9/5 (23 download)

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Book Synopsis Business Law I Essentials by : MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.)

Download or read book Business Law I Essentials written by MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.) and published by . This book was released on 2019-09-27 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.

Model Rules of Professional Conduct

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Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Tort Law

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Publisher : Oxford University Press
ISBN 13 : 0199211361
Total Pages : 1059 pages
Book Rating : 4.1/5 (992 download)

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Book Synopsis Tort Law by : Mark Lunney

Download or read book Tort Law written by Mark Lunney and published by Oxford University Press. This book was released on 2008 with total page 1059 pages. Available in PDF, EPUB and Kindle. Book excerpt: Each section begins with a clear overview of the key points of the law, before fully explaining and illustrating the topic through substantial case extracts and further commentary."--BOOK JACKET.

Atiyah's Accidents, Compensation and the Law

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Publisher :
ISBN 13 : 9780511556630
Total Pages : 514 pages
Book Rating : 4.5/5 (566 download)

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Book Synopsis Atiyah's Accidents, Compensation and the Law by : Peter Cane

Download or read book Atiyah's Accidents, Compensation and the Law written by Peter Cane and published by . This book was released on 2006 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: A classic treatment of the law relating to compensation for personal injuries, this edition discusses the relevant legal rules as well as the social, political and economic issues underlying the law.

Defences in Tort

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Publisher : Bloomsbury Publishing
ISBN 13 : 1782255427
Total Pages : 378 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Defences in Tort by : Andrew Dyson

Download or read book Defences in Tort written by Andrew Dyson and published by Bloomsbury Publishing. This book was released on 2015-02-26 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first in a series of essay collections on defences in private law. It addresses defences to liability arising in tort. The essays range from those adopting a primarily doctrinal approach to others that examine the law from a more theoretical or historical perspective. Some essays focus on individual defences, while some are concerned with the links between defences, or with how defences relate to the structure of tort law as a whole. A number of the essays also draw upon concepts and literature that have been developed mainly in relation to the criminal law, and consider their application to tort law. The essays make several original contributions to this complex, important but neglected field of academic enquiry.

Corrective Justice

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Publisher : Oxford University Press
ISBN 13 : 0199660646
Total Pages : 365 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Corrective Justice by : Ernest J. Weinrib

Download or read book Corrective Justice written by Ernest J. Weinrib and published by Oxford University Press. This book was released on 2012-09-20 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private law governs our most pervasive relationships: the wrongs we do one another, the contracts we make and break, and the property we own. This book analyses the deepest questions about the law's foundations, showing how a distinctive notion of justice, 'corrective justice', describes the special morality intrinsic to private law.

Illegal Transactions

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Publisher : Taylor & Francis
ISBN 13 : 1000341615
Total Pages : 373 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis Illegal Transactions by : Nelson Enonchong

Download or read book Illegal Transactions written by Nelson Enonchong and published by Taylor & Francis. This book was released on 2021-10-28 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: Concerned with the area of illegal transactions, this text addresses practical issues, for example: who can raise the issue of illegality?; must illegality be pleaded? And when can a party recover money or property transferred pursuant to an illegal transaction? Divided into three main sections the text: deals with illegality as a defence to claims in various departments of the civil law; and examines the forfeiture rule as a tool which one party could compel another to disgorge profits which the other has acquired or would otherwise acquire from his illegal conduct. The third section of the text discusses the circumstances when, by way of exception, the court will enforce the claim of a person even though that person has been guilty of an illegality. Overall the text provides an account of the illegalities in civil law and a critical analysis of the current rules, with suggestions for reform.

Illegality After Patel V Mirza

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509912770
Total Pages : 407 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Illegality After Patel V Mirza by : Sarah Green

Download or read book Illegality After Patel V Mirza written by Sarah Green and published by Bloomsbury Publishing. This book was released on 2018-06-14 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: "These essays on the Supreme Court's decision in Patel v Mirza (2016), which has revolutionised the law on illegality by replacing the previous "rule-based" approach by a "factors-based" one, were first presented at a conference in May 2017."

Approaching Death

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Publisher : National Academies Press
ISBN 13 : 0309518253
Total Pages : 457 pages
Book Rating : 4.3/5 (95 download)

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Book Synopsis Approaching Death by : Committee on Care at the End of Life

Download or read book Approaching Death written by Committee on Care at the End of Life and published by National Academies Press. This book was released on 1997-10-30 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the end of life makes its inevitable appearance, people should be able to expect reliable, humane, and effective caregiving. Yet too many dying people suffer unnecessarily. While an "overtreated" dying is feared, untreated pain or emotional abandonment are equally frightening. Approaching Death reflects a wide-ranging effort to understand what we know about care at the end of life, what we have yet to learn, and what we know but do not adequately apply. It seeks to build understanding of what constitutes good care for the dying and offers recommendations to decisionmakers that address specific barriers to achieving good care. This volume offers a profile of when, where, and how Americans die. It examines the dimensions of caring at the end of life: Determining diagnosis and prognosis and communicating these to patient and family. Establishing clinical and personal goals. Matching physical, psychological, spiritual, and practical care strategies to the patient's values and circumstances. Approaching Death considers the dying experience in hospitals, nursing homes, and other settings and the role of interdisciplinary teams and managed care. It offers perspectives on quality measurement and improvement, the role of practice guidelines, cost concerns, and legal issues such as assisted suicide. The book proposes how health professionals can become better prepared to care well for those who are dying and to understand that these are not patients for whom "nothing can be done."

Review of the Law of Negligence

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Publisher :
ISBN 13 : 9780642741653
Total Pages : 96 pages
Book Rating : 4.7/5 (416 download)

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Book Synopsis Review of the Law of Negligence by : Australia. Review into the Law of Negligence

Download or read book Review of the Law of Negligence written by Australia. Review into the Law of Negligence and published by . This book was released on 2002 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt: Review of the law of negligence: September 2002 report: cat no. 0215864.

Illegality in Marine Insurance Law

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Publisher : CRC Press
ISBN 13 : 1317222873
Total Pages : 219 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis Illegality in Marine Insurance Law by : Feng Wang

Download or read book Illegality in Marine Insurance Law written by Feng Wang and published by CRC Press. This book was released on 2016-09-13 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: Illegality in Marine Insurance Law is the first book to deal specifically with illegality in the context of marine insurance law. Previously, this issue has only ever been partially covered within analysis and criticism of Section 41 of the Marine Insurance Act 1906 and warranties. However, Dr Wang Feng goes much further than this by considering its impact on the common law relevant to marine insurance in many jurisdictions worldwide. The book addresses whether the existing law represents an accurate codification of the former authorities and whether Section 41 truly reflects existing legal principles. As well as this, the book examines how correctly to approach illegality within the context of marine insurance, considering the fundamental changes to the rule of breach of warranty introduced by the Insurance Act 2015. Of interest to academic researchers and practitioners in common law and civil law jurisdictions, this book provides rigorous analysis of the illegality issue and a conceptual approach for various approaches to reform marine insurance law. It is a unique and comprehensive guide to illegality in marine insurance law.

Clinical Negligence Made Clear

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Publisher : Bath Publishing Limited
ISBN 13 : 1739099257
Total Pages : 443 pages
Book Rating : 4.7/5 (39 download)

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Book Synopsis Clinical Negligence Made Clear by : Nigel Poole QC

Download or read book Clinical Negligence Made Clear written by Nigel Poole QC and published by Bath Publishing Limited. This book was released on 2019-10-31 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt: Clinical Negligence claims currently cost the NHS over £2 billion every year. Litigation is time-consuming, expensive and stressful for all involved. For those whose lives have been changed dramatically as a result of negligent medical treatment, bringing a claim may be the only means of obtaining redress for the harm done to them. But the process of litigation can be a bewildering and sometimes hostile experience. For many healthcare professionals the fear of litigation is a real concern and there is deep anxiety that litigation contributes to an unhealthy, even dangerous culture of blame. Clinical Negligence Made Clear: A Guide for Patients and Professionals is an attempt by one the country’s leading clinical negligence practitioners to help all those who might be affected by such cases to understand what is involved and thereby to reduce the cost and emotional impact of clinical negligence litigation. In concise, accessible language Nigel Poole QC charts how clinical negligence has evolved, its place within the justice system and how compensation is assessed explains ten core legal principles of clinical negligence such as the doctor’s duty of care and the standards expected of healthcare professionals sets out how a claim proceeds and what happens before and during a trial focuses on specific common areas of clinical negligence claims such as wrongful birth, delays in cancer treatment and cosmetic surgery looks to the future and asks whether the current system is sustainable The aim is to provide an intelligent but accessible guide for patients, doctors, nurses, therapists, expert witnesses, and healthcare managers so that those caught up in legal proceedings have a realistic view of the impact they will have and a clearer understanding of when a dispute might be best resolved early. No doubt it will also provide a lively introduction to the subject for students, trainees and lawyers looking to move into clinical negligence work.

Lunney and Oliphant's Tort Law

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Publisher : Oxford University Press
ISBN 13 : 0198865112
Total Pages : 1086 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Lunney and Oliphant's Tort Law by : Ken Oliphant

Download or read book Lunney and Oliphant's Tort Law written by Ken Oliphant and published by Oxford University Press. This book was released on 2023-02-23 with total page 1086 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes a socio-legal approach and provides a rich and thorough understanding of tort law. Each section begins with a clear overview of the law, followed by illustrative extracts from case law and from government reports and scholarly literature, which are supported by explanation and analysis. This seventh edition has been brought completely up to date by Ken Oliphant and Donal Nolan.Digital formatsThe seventh edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources.· The e-book offers a mobile experience and convenient access along with functionality tools and navigation features: www.oxfordtextbooks.co.uk/ebooks · All of OUP's tort law textbooks are supported by online resources including bi-annual updates on the latest key developments in tort law, and self-test questions on key topics, with feedback, providing an opportunity for students to test and consolidate their learning.

Illegality after Patel v Mirza

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509912789
Total Pages : 682 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Illegality after Patel v Mirza by : Sarah Green

Download or read book Illegality after Patel v Mirza written by Sarah Green and published by Bloomsbury Publishing. This book was released on 2018-06-14 with total page 682 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Patel v Mirza [2016] UKSC 42, nine justices of the Supreme Court of England and Wales decided in favour of a restitutionary award in response to an unjust enrichment, despite the illegal transaction on which that enrichment was based. Whilst the result was reached unanimously, the reasoning could be said to have divided the Court. Lord Toulson, Lady Hale, Lord Kerr, Lord Wilson, Lord Hodge and Lord Neuberger favoured a discretionary approach, but their mode of reasoning was described as 'revolutionary' by Lord Sumption (at [261]), who outlined in contrast a more rule-based means of dealing with the issue; a method with which Lord Mance and Lord Clarke broadly agreed. The decision is detailed and complex, and its implications for several areas of the law are considerable. Significantly, the reliance principle from Tinsley v Milligan [1994] 1 AC 340 has been discarded, as has the rule in Parkinson v College of Ambulance Ltd [1925] KB 1. Patel v Mirza, therefore, can fairly be described as one of the most important judgments in general private law for a generation, and it can be expected to have ramifications for the application of the illegality doctrine across a wide range of disciplinary areas. Unless there is legislative intervention, which does not seem likely at the present time, Patel v Mirza is set to be of enduring significance. This collection will provide a crucial set of theoretical and practical perspectives on the illegality defence in English private law. All of the authors are well established in their respective fields. The timing of the book means that it will be unusually well placed as the 'go to' work on this subject, for legal practitioners and for scholars.

On Substantive Decriminalization

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Publisher : Taylor & Francis
ISBN 13 : 1000990508
Total Pages : 204 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis On Substantive Decriminalization by : Liu Yanhong

Download or read book On Substantive Decriminalization written by Liu Yanhong and published by Taylor & Francis. This book was released on 2023-10-20 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on both judicial practice and legal theory, this book examines the phenomenon of low acquittal rates in China from the perspective of substantive law and formulates the theory of substantive decriminalization. In response to this pressing phenomenon, the author critically examines the prevailing tendency in the circle of criminal theory in China, which emphasizes criminalization over decriminalization and harm outcomes over behavioral process. The book attempts to think outside the box of procedural law, an approach that has yielded fruitful results but is limited in understanding decriminalization. Instead, it emphasizes the principle of substantive law, grounded in the modesty and restraint of criminal law and the protection of human rights. From the perspective of criminal class theory and criminal policy, the book proposes the theoretical framework of substantive decriminalization, which provides insight into the whole picture of the decriminalization mechanism of China’s civil law and also has great practical relevance to China’s criminal justice. The title will be an important reference for scholars, students and legal professionals interested in the issue of decriminalization, legal theory and Chinese criminal law.