Atiyah’s accidents, compensation and the law英国个人伤害补偿法律与实践 mobi 下载 fb2 夸克云 azw3 网盘 pdf pmlz

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.

Preface

List of abbreviations

List of tables

Table of legislation

Table of cases

Part One: The Issues in Perspective

1 Introduction: surveying the field

1.1 Compensation for accidents

1.2 Natural and human causes

　1.2.1 The issue

　 1.2.2 Society's 'responsibility' for human causes

　1.2.3 Protecting reasonable expectations

　 1.2.4 Egalitarianism and the problem of drawing the line

　1.3 Mixed systems in a mixed society

　1.4 Some facts and figures

　1.4.1 Accidents causing personal injury or death

　1.4.2 Death and disability from other causes

　1.4.3 The prevalence of disability

　1.4.4 The effect of disability on income

　1.4.5 Distribution and sources of compensation

　1.4.6 The more serious and the less serious

Part Two: The Tort System in Theory

　2　Fault as a basis of liability

　2.1 The conceptual basis of tort law

　2.2 Negligence as a basis of liability

　2.3 The fault principle

　 2.4 Negligence as fault

　 2.4.1 A question of fact?

　 2.4.2 The nature of negligence

2.4.3 Probability of harm

2.4.4 Likely magnitude of harm

2.4.5 The value of the activity and the cost of the precautions needed to avoid harm

2.4.6 The function of the negligence formula

2.4.7 Foreseeability

2.4.8 The objective standard of care

2.4.9 Negligence in design and negligence in operation

2.5 Conduct of the claimant

2.5.1 Contributory negligence

2.5.2 Volenti non fit injuria

2.5.3 Illegality

3 The scope of the tort of negligence

　 3.1 The nature of the duty of care

3.2 Specific duty situations

3.2.1 Common situations in which duties of care have been imposed

3.2.2 The distinction between acts and omissions

　　3.3 Nervous shock

　　3.4 Family claims

　4　Departures from the fault principle

　　4.1 Fault liability and strict liability

　　4.2 'Procedural' devices

　　4.3 Breach of statutory duty

　　4.4 Contractual duties

　　4.5 Rylands v. Fletcher, nuisance and animals

　　4.6 Joint liability

　　4.7 Vicarious liability

　　4.8 Products liability

　　4.9 Proposals to extend strict liability

　4.9.1 Dangerous things and activities

　4.9.2 Railway accidents

　　4.10 Ex gratia compensation schemes

4.10.1 Vaccine damage

4.10.2 HIV

4.10.3 Hepatits C

4.10.4 Variant CID

　5　Causation and remoteness of damage

　　5.1 Introduction

　　5.2 Factual causation

　　……

Part Three: The Tort System in Operation

Part Four: Other Compensation Systems

Part Five: The Overall Picture

Part Six: The Future

Index

Peter Cane has been Professor of Law in the Research School of Social Sciences at the Australian National University since 1997. For twenty years previously he taught law at Corpus Christi College, Oxford. His main research interests are in the law of obl

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书籍介绍

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.