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Author : Laurent Bloch
Publisher :
ISBN 13 : 9783704660824
Total Pages : 0 pages
Book Rating : 4.6/5 (68 download)
Download or read book Compensation for Personal Injury in a Comparative Perspective written by Laurent Bloch and published by . This book was released on 2003 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Bernhard A. Koch
Publisher : Springer
ISBN 13 : 9783211837917
Total Pages : 501 pages
Book Rating : 4.8/5 (379 download)
Download or read book Compensation for Personal Injury in a Comparative Perspective written by Bernhard A. Koch and published by Springer. This book was released on 2002-12-23 with total page 501 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study provides an overview of the law and practice of compensation for personal harm in ten European jurisdictions, each covered by a separate country report. The authors are renowned tort law experts from these legal systems. After addressing the core concepts and foundations of liability in the respective jurisdiction, each report presents an in-depth analysis of the various kinds as well as the extent of damages for personal injury and death. A comparative analysis concludes the volume by focusing on the major differences and similarities among the various jurisdictions.
Author : Eoin Quill
Publisher :
ISBN 13 : 9781782257912
Total Pages : pages
Book Rating : 4.2/5 (579 download)
Download or read book Damages and Compensation Culture written by Eoin Quill and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Eoin Quill
Publisher : Bloomsbury Publishing
ISBN 13 : 1509902058
Total Pages : 360 pages
Book Rating : 4.5/5 (99 download)
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 360 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.
Author : Basil Markesinis
Publisher : Cambridge University Press
ISBN 13 : 9781139444736
Total Pages : 296 pages
Book Rating : 4.4/5 (447 download)
Download or read book Compensation for Personal Injury in English, German and Italian Law written by Basil Markesinis and published by Cambridge University Press. This book was released on 2005-02-24 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cross-border claims for personal injuries are becoming more common. Furthermore, European nationals increasingly join class actions in the USA. These tendencies have created a need to know more about the law of damages in Europe and America. Despite the growing importance of this subject, there is a dearth of material available to practitioners to assist them in advising their clients as to the heads of damage recoverable in other countries. This book aims to fill that gap by looking at the law in England, Germany and Italy. It sets out the raw data in the wider context of tort law, then provides a closer synthesis, largely concerned with methodological issues, and draws some comparative conclusions.
Author : Thierry Vansweevelt
Publisher :
ISBN 13 : 9781780689425
Total Pages : 0 pages
Book Rating : 4.6/5 (894 download)
Download or read book Compensation Funds in Comparative Perspective written by Thierry Vansweevelt and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Compensation funds are redress structures that compensate victims of accidents and other misfortune where tort, insurance and social security frameworks are unavailable or inapplicable. Their undefined nature raises important legal questions that have not yet been fully answered. This book contrasts and analyses both well-known and lesser known compensation funds in Belgium, France, Germany, the Netherlands, New Zealand, Spain, and the United Kingdom.
Author : William J. Stewart
Publisher : Edinburgh University Press
ISBN 13 : 0748698523
Total Pages : 100 pages
Book Rating : 4.7/5 (486 download)
Download or read book How Much For A Leg? written by William J. Stewart and published by Edinburgh University Press. This book was released on 2014-03-18 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'How much for my leg?' This is an apparently simple question that someone might ask their lawyer after sustaining a wrongful injury to the said limb. But, in Scotland, no fixed answer can be given. Nor can any official range of possible figures be given. Only after some serious professional work, perhaps taking many hours, can a range of figures be suggested. This study of the assessment of non-pecuniary damages for personal injury reviews the state of current approaches in Scotland, considers the conclusions of the Gill Report and compares differing approaches in jurisdictions worldwide, before presenting possible options for reform.
Author : B. S. Markesinis
Publisher :
ISBN 13 :
Total Pages : 238 pages
Book Rating : 4.:/5 (269 download)
Download or read book Compensation for Personal Injury in English, German and Italian Law written by B. S. Markesinis and published by . This book was released on 2005 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cross-border claims for personal injuries are becoming more common. Furthermore, European nationals increasingly join class actions in the USA. These tendencies have created a need to know more about the law of damages in Europe and America. Despite the growing importance of this subject, there is a dearth of material available to practitioners to assist them in advising their clients as to the heads of damage recoverable in other countries. This book aims to fill that gap by looking at the law in England, Germany and Italy. The book's introduction sets out the raw data in the wider context of tort law. The final chapter provides a closer synthesis, largely concerned with methodological issues, and draws some comparative conclusions.
Author : John O. Ward
Publisher : Emerald Group Publishing
ISBN 13 : 1848553021
Total Pages : 334 pages
Book Rating : 4.8/5 (485 download)
Download or read book Personal Injury and Wrongful Death Damages Calculations written by John O. Ward and published by Emerald Group Publishing. This book was released on 2009-10-22 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focuses on litigation damages, economic and non-economic, including punitive damages; their definitions, calculations, and assignments in the US and EU. This book examines areas of convergence and divergence in the academic and practical treatment of damages issues in the US and EU.
Author : Daniel Jutras
Publisher :
ISBN 13 :
Total Pages : 22 pages
Book Rating : 4.:/5 (13 download)
Download or read book Alternative Compensation Schemes from a Comparative Perspective written by Daniel Jutras and published by . This book was released on 2017 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author conducts a brief comparative overview of alternative schemes of compensation that have emerged over the past century. This chapter specifically addresses regimes that now provide direct compensation to victims of defined tortious hazards independently of any attribution of responsibility to the author of the injury. The analysis reveals three main recurring themes that have driven the emergence of these alternative schemes of compensation. First, alternative compensation regimes are almost by definition legislative solutions to problems encountered within domestic tort law. Second, while currently focused on monetary indemnitites, alternative compensation regimes may also address systemic harm and mass torts through non-monetary remedies. Finally, renewed attention to regulatory frameworks may tilt the balance away from ex post compensation in favour of ex ante intervention.
Author : Jos Dute
Publisher : Springer
ISBN 13 : 9783211200988
Total Pages : 445 pages
Book Rating : 4.2/5 (9 download)
Download or read book Liability for and Insurability of Biomedical Research with Human Subjects in a Comparative Perspective written by Jos Dute and published by Springer. This book was released on 2004-02-27 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent Dutch legislation has been introduced stating that biomedical research on humans can only be undertaken when an insurance contract covering the damage as a result of death or personal injury of the patients has been concluded. The aim of this legislation is to ease the acquiring of compensation for test subjects in case damage arises in the course of biomedical research. As such, victims are able to claim compensation directly from the insurer, irrespective of any liability. This volume presents a critical evaluation of the functioning of this legislative arrangement and the situation in various European countries is examined. Country reporters from Belgium, England, France, Germany, the Netherlands, Spain, Sweden and Switzerland describe the insurance and liability arrangements relating to biomedical research in their country. The concluding three reports of this volume examine the situation from both a comparative and international perspective.
Author : Mauro Bussani
Publisher : Edward Elgar Publishing
ISBN 13 : 1789905982
Total Pages : 584 pages
Book Rating : 4.7/5 (899 download)
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.
Author : Santo Davide Ferrara
Publisher : Springer
ISBN 13 : 3319298127
Total Pages : 709 pages
Book Rating : 4.3/5 (192 download)
Download or read book Personal Injury and Damage Ascertainment under Civil Law written by Santo Davide Ferrara and published by Springer. This book was released on 2016-10-06 with total page 709 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume serves to provide an international overview of personal injury compensation in different geographical areas (15 countries already included), with a special focus on the methods used to ascertain the injury and the related damages. It also goes on to clarify the logical and methodological steps required for a sequential, in-depth ascertainment of any traumatic event and the related personal damage, both pecuniary and non-pecuniary. Personal injury is a legal term for an injury to the body, mind or emotions suffered by the plaintiff under tort and/or civil law regulations. Damages related to the injury can be pecuniary or non-pecuniary in nature. Although several comparative studies and research projects on tort and civil law and personal injury claims aimed at developing new tools for promoting harmonization of private law have been performed at an international level, heterogeneity and divergences still exist in the definition and compensation of personal injury and damage across different national legislative systems. The starting point for any awarding procedure should be a medical, or rather a medico-legal, assessment to gain evidence on the trauma or event causing the injury, the mechanism of injury, the pre-existing health status of the injured party, and the health consequences of the injury (temporary and permanent impairment, work incapacity, etc.). In order to pursue the ultimate goal of an international harmonization of personal injury compensation, it is of upmost importance to define the quality requirements for the medico-legal ascertainment methodology, which are essential for guaranteeing the objectivity, rigor, and reproducibility of the data and the evidence collection procedure. Currently, there are no supra-national medico-legal guidelines dealing with the ascertainment methodology of personal injury and damage under tort and civil law.
Author : Cees van Dam
Publisher :
ISBN 13 :
Total Pages : 31 pages
Book Rating : 4.:/5 (129 download)
Download or read book Third Party Losses in a Comparative Perspective written by Cees van Dam and published by . This book was released on 2013 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt: In honour of Horton Rogers, as the holder of the rotational G.J. Wiarda chair at Utrecht University, a symposium was held on 13 June 2007 concerning the right of third parties to compensation in cases of injury - one of the most provoking themes in tort law and the law of damages. The key question was to what extent relatives and the employer of an injured victim should be compensated for their pecuniary losses and the loss of earnings caused by the primary victim's injuries. In three contributions an account of the state of the law was provided with regard to three European jurisdictions (English law, German law and Dutch law) and the so-called 'Principles on European Tort Law' and 'Principles on European Law on Liability for Damages'. These contributions show that all three national law systems have rights for relatives and employers to recover, in some form, but with substantial differences between the (rules governing) the amount of compensation and as to the nature of these rights. Both sets of European principles demonstrate great differences as well. In each contribution further reflections are given on what would be the better position to take. These three contributions are brought together in this article in which also the state of the law is critically discussed.
Author : J. M. Smits
Publisher : Edward Elgar Publishing
ISBN 13 : 1781006105
Total Pages : 1025 pages
Book Rating : 4.7/5 (81 download)
Download or read book Elgar Encyclopedia of Comparative Law, Second Edition written by J. M. Smits and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 1025 pages. Available in PDF, EPUB and Kindle. Book excerpt: Acclaim for the first edition: ïThis is a very important and immense book. . . The Elgar Encyclopedia of Comparative Law is a treasure-trove of honed knowledge of the laws of many countries. It is a reference book for dipping into, time and time again. It is worth every penny and there is not another as comprehensive in its coverage as ElgarÍs. I highly recommend the Elgar Encyclopedia of Comparative Law to all English chambers. This is a very important book that should be sitting in every university law school library.Í _ Sally Ramage, The Criminal Lawyer Containing newly updated versions of existing entries and adding several important new entries, this second edition of the Elgar Encyclopedia of Comparative Law takes stock of present-day comparative law scholarship. Written by leading authorities in their respective fields, the contributions in this accessible book cover and combine not only questions regarding the methodology of comparative law, but also specific areas of law (such as administrative law and criminal law) and specific topics (such as accident compensation and consideration). In addition, the Encyclopedia contains reports on a selected set of countriesÍ legal systems and, as a whole, presents an overview of the current state of affairs. Providing its readers with a unique point of reference, as well as stimulus for further research, this volume is an indispensable tool for anyone interested in comparative law, especially academics, students and practitioners.
Author : Benedict Winiger
Publisher : Walter de Gruyter
ISBN 13 : 3110248492
Total Pages : 1218 pages
Book Rating : 4.1/5 (12 download)
Download or read book Essential Cases on Damage written by Benedict Winiger and published by Walter de Gruyter. This book was released on 2011-11-30 with total page 1218 pages. Available in PDF, EPUB and Kindle. Book excerpt: The increasing Europeanisation of the law of delict/torts has produced textbooks, casebooks, monographs, and also sets of model rules of a genuinely European character. A major gap still existing today relates to the experiences gathered in the national legal systems over the past decades. The present work attempts to fill this gap for one key element of tort law: the notion of damage. It thus does what the previous volume in the ‘Digest of European Tort Law’ series did for another key element, ie natural causation. Once again, the publication contains a selection of the most important cases decided in 26 states across Europe as well as by the European Court of Justice. For each case the facts and the relevant court decision are presented, and the decision is analysed within the wider context of the development of the respective legal system. In addition, the editors provide comparative analyses of the case law reported in this volume concerning all the specific problems raised under the heading of damage. The publication also looks into how key cases would be resolved under the European model rules drafted in the field of tort law; and it also highlights cases from earlier periods of legal history. The editors believe that the material gathered here may provide guidance for an organic convergence of the national legal systems in Europe. It constitutes the basis of an acquis commun that is infinitely richer (though also much more complex) than the rather bland and abstract concepts contained in national codifications, European legislation, and the modern model rules.
Author : Prue Vines
Publisher : Bloomsbury Publishing
ISBN 13 : 1509928006
Total Pages : 411 pages
Book Rating : 4.5/5 (99 download)
Download or read book Unexpected Consequences of Compensation Law written by Prue Vines and published by Bloomsbury Publishing. This book was released on 2020-09-03 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the performance of compensation law in addressing the needs of the injured. Compensation procedure can be dangerous to your health and may fail to compensate without aggravation/creating other problems. This book takes a refreshing and insightful approach to the law of compensation considering, from an interdisciplinary perspective, the actual effect of compensation law on people seeking compensation. Tort law, workers' compensation, medical law, industrial injury law and other schemes are examined and unintended consequences for injured people are considered. These include ongoing physical and mental illness, failure to rehabilitate, the impact on social security entitlements, medical care as well as the impact on those who serve – the lawyers, administrators, medical practitioners etc. All are explored in this timely and fascinating book. The contributors include lawyers, psychologists, and medical practitioners from multiple jurisdictions including Australia, the Netherlands, Canada, Italy and the UK.
