The Damages Lottery

Author : P. S. Atiyah
Publisher :
ISBN 13 : 9781472558725
Total Pages : 201 pages
Book Rating : 4.23/5 ( download)

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Download or read book The Damages Lottery written by P. S. Atiyah and published by . This book was released on 1997 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: A man slips on a dance floor and breaks his leg. He recovers damages. A child has both legs amputated as a result of meningitis and is awarded nothing. The law's justification for awarding damages in the first case is that the man's injury was the fault of someone else, while in the second case damages are denied because nobody was at fault. In this searching critique of the present law and practice relating to damages, Professor Patrick Atiyah shows that this system is in fact a lottery. He contends that the public are paying far too much for an unfair and inefficient insurance system and tha.

Author : P.S. Atiyah
Publisher : Bloomsbury Publishing
ISBN 13 : 1847314279
Total Pages : 216 pages
Book Rating : 4.77/5 ( download)

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Download or read book The Damages Lottery written by P.S. Atiyah and published by Bloomsbury Publishing. This book was released on 1997-05-01 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: A man slips on a dance floor and breaks his leg. He recovers damages. A child has both legs amputated as a result of meningitis and is awarded nothing. The law's justification for awarding damages in the first case is that the man's injury was the fault of someone else, while in the second case damages are denied because nobody was at fault. In this searching critique of the present law and practice relating to damages, Professor Patrick Atiyah shows that this system is in fact a lottery. He contends that the public are paying far too much for an unfair and inefficient insurance system and that reform is long overdue. His conclusion is that actions for damages for injuries should be abolished and replaced with a new no-fault road accident scheme, and actions for other injuries should be dealt with by individual or group insurance policies.

Author : Peter Cane
Publisher : Cambridge University Press
ISBN 13 : 9780521689311
Total Pages : 552 pages
Book Rating : 4.17/5 ( download)

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Download or read book Atiyah's Accidents, Compensation and the Law written by Peter Cane and published by Cambridge University Press. This book was released on 2006-10-26 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its first publication, Accidents, Compensation and the Law has been recognised as the leading treatment of the law of personal injuries compensation and the social, political and economic issues surrounding it. The seventh edition of this classic work explores recent momentous changes in personal injury law and practice and puts them into broad perspective. Most significantly, it examines developments affecting the financing and conduct of personal injury claiming: the abolition of legal aid for most personal injury claims; the increasing use of conditional fee agreements and after-the-event insurance; the meteoric rise and impending regulation of the claims management industry. Complaints that Britain is a 'compensation culture' suffering an 'insurance crisis' are investigated. New statistics on tort claims are discussed, providing fresh insights into the evolution of the tort system which, despite recent reforms, remains deeply flawed and ripe for radical reform.

Author : Terence George Ison
Publisher :
ISBN 13 :
Total Pages : 226 pages
Book Rating : 4.63/5 ( download)

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Download or read book The Forensic Lottery written by Terence George Ison and published by . This book was released on 1968 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Eoin Quill
Publisher : Bloomsbury Publishing
ISBN 13 : 150990204X
Total Pages : 360 pages
Book Rating : 4.40/5 ( download)

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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 : Carol Harlow
Publisher : Sweet & Maxwell
ISBN 13 : 9780421878402
Total Pages : 212 pages
Book Rating : 4.01/5 ( download)

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Download or read book Understanding Tort Law written by Carol Harlow and published by Sweet & Maxwell. This book was released on 2005 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text offers an overview of the tort system for the non-lawyer or new law undergraduate. This new edition looks at topics such as the theories of tort law, accident compensation and its future, the rise of negligence, and issues in economic loss.

Author : Cass R. Sunstein
Publisher : University of Chicago Press
ISBN 13 : 0226780163
Total Pages : 299 pages
Book Rating : 4.60/5 ( download)

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Download or read book Punitive Damages written by Cass R. Sunstein and published by University of Chicago Press. This book was released on 2008-12-19 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past two decades, the United States has seen a dramatic increase in the number and magnitude of punitive damages verdicts rendered by juries in civil trials. Probably the most extraordinary example is the July 2000 award of $144.8 billion in the Florida class action lawsuit brought against cigarette manufacturers. Or consider two recent verdicts against the auto manufacturer BMW in Alabama. In identical cases, argued in the same court before the same judge, one jury awarded $4 million in punitive damages, while the other awarded no punitive damages at all. In cases involving accidents, civil rights, and the environment, multimillion-dollar punitive awards have been a subject of intense controversy. But how do juries actually make decisions about punitive damages? To find out, the authors-experts in psychology, economics, and the law-present the results of controlled experiments with more than 600 mock juries involving the responses of more than 8,000 jury-eligible citizens. Although juries tended to agree in their moral judgments about the defendant's conduct, they rendered erratic and unpredictable dollar awards. The experiments also showed that instead of moderating juror verdicts, the process of jury deliberation produced a striking "severity shift" toward ever-higher awards. Jurors also tended to ignore instructions from the judges; were influenced by whatever amount the plaintiff happened to request; showed "hindsight bias," believing that what happened should have been foreseen; and penalized corporations that had based their decisions on careful cost-benefit analyses. While judges made many of the same errors, they performed better in some areas, suggesting that judges (or other specialists) may be better equipped than juries to decide punitive damages. Using a wealth of new experimental data, and offering a host of provocative findings, this book documents a wide range of systematic biases in jury behavior. It will be indispensable for anyone interested not only in punitive damages, but also jury behavior, psychology, and how people think about punishment.

Author : Marcy Hogan Greer
Publisher : American Bar Association
ISBN 13 : 9781604429558
Total Pages : 1412 pages
Book Rating : 4.50/5 ( download)

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Download or read book A Practitioner's Guide to Class Actions written by Marcy Hogan Greer and published by American Bar Association. This book was released on 2010 with total page 1412 pages. Available in PDF, EPUB and Kindle. Book excerpt: Complete with a state-by-state analysis of the ways in which the class action rules differ from the Federal Rule of Civil Procedure 23, this comprehensive guide provides practitioners with an understanding of the intricacies of a class action lawsuit. Multiple authors contributed to the book, mainly 12 top litigators at the premiere law firm of Fulbright and Jaworski, L.L.P.

Author : Roman L. Weil
Publisher : John Wiley & Sons
ISBN 13 : 1118237404
Total Pages : 1022 pages
Book Rating : 4.03/5 ( download)

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Download or read book Litigation Services Handbook written by Roman L. Weil and published by John Wiley & Sons. This book was released on 2012-07-10 with total page 1022 pages. Available in PDF, EPUB and Kindle. Book excerpt: Here’s all the information you need to provide your clients with superior litigation support services. Get up to speed quickly, with the aid of top experts, on trial preparation and testimony presentation, deposition, direct examination, and cross-examination. Authoritative and highly practical, this is THE essential guide for any financial expert wanting to prosper in this lucrative new area, the lawyers who hire them, and litigants who benefit from their efforts. "This work of amazing breadth and depth covers the central issues that arise in financial expert testimony. It is an essential reference for counsel and practitioners in the field."—Joseph A. Grundfest, The William A. Franke Professor of Law and Business, Stanford Law School; former commissioner, United States Securities and Exchange Commission.

Author : Donald Harris
Publisher : Cambridge University Press
ISBN 13 : 9780521606059
Total Pages : 692 pages
Book Rating : 4.55/5 ( download)

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Download or read book Remedies in Contract and Tort written by Donald Harris and published by Cambridge University Press. This book was released on 2002-03 with total page 692 pages. Available in PDF, EPUB and Kindle. Book excerpt: Remedies is one of the key organizing concepts of the obligations approach to the common law. This second edition modernizes the former 1995 edition quite considerably. It determines the place of remedies in contract and tort within the debate about the reform of the common law obligation.