Get Atiyah's accidents, compensation and the law PDF

By Peter Cane

ISBN-10: 0521689317

ISBN-13: 9780521689311

Due to the fact that its first ebook, injuries, reimbursement and the legislation has been regarded because the best therapy of the legislations of private accidents repayment and the social, political and monetary matters surrounding it. The 7th version of this vintage paintings explores fresh momentous adjustments in own harm legislation and perform and places them into wide viewpoint. most importantly, it examines advancements affecting the financing and behavior of non-public harm claiming: the abolition of felony reduction for many own harm claims; the expanding use of conditional rate agreements and after-the-event assurance; the meteoric upward thrust and imminent legislation of the claims administration undefined. court cases that Britain is a 'compensation tradition' pain an 'insurance concern' are investigated. New facts on tort claims are mentioned, delivering clean insights into the evolution of the tort method which, regardless of contemporary reforms, is still deeply incorrect and ripe for radical reform.

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Example text

On the whole, those disabled people who can recover tort damages or criminal injuries compensation are much better provided for financially than those disabled people who must rely on social security benefits alone. Can this be justified in the light of the fact that the tort system and the social security system are, in effect, both financed by the public at large: in the case of the tort system, by insurance premiums paid by potential tortfeasors, and in the case of the social security system, by all those who pay National Insurance contributions and taxes?

If a young person is allowed to drive at all, might it not be urged that they should be treated like older and more experienced drivers? The distinction between an individualistic and a more communitarian political philosophy affects the choice of compensation systems in many ways.

Should an injured person be allowed to collect compensation from more than one source? Should one compensation fund be entitled, having paid out compensation to an injured person, to recoupment from another fund? These questions have been dealt with to some extent by the courts in relation to the tort system. But they also arise in relation to compensation systems, which are rarely the subject of court proceedings. In order to see these issues in perspective and to discuss them rationally, it is necessary to look beyond the rules of tort law.

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Atiyah's accidents, compensation and the law by Peter Cane

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