Wrongs and Remedies in the Twenty-first CenturyPeter Birks Clarendon Press, 1996 - 333 sivua When potential litigants first approach a lawyer they are generally interested in finding out one thing only: are they likely to be able to win damages or any other kind of remedy and what kind of quantum of damages are they likely to receive? It becomes the lawyers main task to try to argue for a remedy and to persuade the court that the plaintiff has a good cause of action. Textbooks about contract and tort frequently treat damages and other remedies as an after thought when in fact it is the issue of remedies which is a constant and an ever present consideration for the plaintiff and his or her lawyer. This new book, containing contributions from many of the UKs leading specialists brings to the fore a range of issues which are of topical interest to litigators and to teachers of law. In some instances the issues are currently the subject of reform proposals and these essays usefully highlight the principle issues facing the reformers and the objections which have been raised by those opposed to reform. In addition four of the essays tackle a strand of tort law which is of rapidly growing importance - the area of professional negligence. The contributors are among the best known writers in this field and their essays combine practical and academic perspectives which usefully highlight contemporary trends in professional negligence litigation. The first chapter in the book also offers a unique and controversial overview of tort law in the UK by Professor Patrick Atiyah who argues for a complete rethink of the system of personal injuries litigation in the UK, starting with its abolition and replacement by a vastly expanded system of private insurance. |
Sisältö
Thinking | 1 |
The Duty of Care | 47 |
The Search for a Theory | 67 |
Liability for a Fair Share | 91 |
The Fiduciary Relationship and its Application to Doctors | 111 |
Professionals as Competing Monopolists | 141 |
Punitive Damages | 175 |
Restitutionary Damages | 203 |
Exceptional Measures of Damages in Contract | 217 |
Rethinking Penalty Clauses | 249 |
Controlling the Power to Agree Damages | 271 |
A Search for Principles | 301 |
327 | |
Yleiset termit ja lausekkeet
accidents agreed damages clause approach argued argument assumption of responsibility award of punitive award punitive damages bargain basis benefit Birks breach of contract Burrows civil law claim client common law common law obligation compensation conduct Consultation Paper context corrective justice cost Court of Appeal criminal law decision defendant defendant's doctor doctor-patient relationship doctrine duty duty of care enforce English law example exemplary damages fact fiduciary relationship gain Hedley Byrne House of Lords Ibid imposed interests jurisdiction justify Law Commission limited Liquidated Damages Lord Woolf measure of damages ment objection patient payment penalty clauses penalty rule personal injury plaintiff principle professional negligence profit punishment question reason recognised remedy restitution restitutionary damages result risk rule against penalties stipulated substantive unfairness supra third party tion tort law tort liability unconscionable unjust enrichment vicarious liability wrongdoer wrongdoing
Viitteet tähän teokseen
Liability and Environment: Private and Public Law Aspects of Civil Liability ... Lucas Bergkamp Rajoitettu esikatselu - 2001 |
Dimensions of Private Law: Categories and Concepts in Anglo-American Legal ... S. M. Waddams Rajoitettu esikatselu - 2003 |