Wrongs and Remedies in the Twenty-first Century
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.
Mitä ihmiset sanovat - Kirjoita arvostelu
Yhtään arvostelua ei löytynyt.
The Duty of Care
The Search for a Theory
Liability for a Fair Share
The Fiduciary Relationship and its Application to Doctors
Professionals as Competing Monopolists
Reforming Exemplary Damages
accepted accidents action agreed allow appears apply approach argued argument authorities award of punitive basis benefit breach breach of contract cause civil claim clauses Commission common law compensation concerned conduct consider context contract cost course courts criminal decision defendant difficulty doctor duty effect enrichment example exemplary damages existence fact fair fiduciary gain give given House important imposed injury interests issue justice justify less liability limited Lord loss means measure negligence objection obligations paid particular party patient penalty performance plaintiff possible present principle problem professional profit protection punishment punitive damages question reason recognised reference regarded relation relationship remedy require respect responsibility restitution restitutionary result risk rule seems situations suffered suggested third tion tort unfairness unjust enrichment wrong
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