Atiyah's Accidents, Compensation and the Law

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Cambridge University Press, Feb 28, 2013 - Law - 544 pages
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Since publication of the seventh edition of this seminal text, personal injury law has witnessed momentous changes. A major overhaul of the social security system began in 2012 and the Equality Act 2010 significantly modifies anti-discrimination law and its impact on the disabled. But perhaps the most important legal developments have affected the financing and conduct of personal injury claiming and the operation of the claims-management industry. This new edition takes account of all this activity while setting it into a wider and longer perspective. Complaints that Britain is a 'compensation culture' and that the tort system is out of control are explained and assessed and options for further change are explored. Through the turmoil and controversy, the tort system remains a central feature of the legal and social landscape. The book's enduring central argument for its radical reform remains as compelling as ever.
 

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Contents

surveying the field DOOChChUJUJ
3
Fault as a basis of liability
29
The scope of the tort of negligence
66
Departures from the fault principle
91
Causation and remoteness of damage
109
Damages for personal injury and death
129
Claims and claimants
201
Tortfeasors and insurers
222
Firstparty insurance
289
Compensation for criminal injuries
299
Other forms of assistance
360
A plethora of systems
371
The cost of compensation and who pays it
390
The functions of compensation systems
403
Accident compensation in the twentyfirst century
459
Index
497

Settlements and trials
259

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About the author (2013)

Peter Cane is Distinguished Professor of Law at the Australian National University College of Law. His main research interests are in the law of obligations, especially tort law; public law, especially administrative law; and legal theory.

Patrick Atiyah is one of the leading common lawyers of his generation. Until his early retirement in 1988 he was Professor of English Law at Oxford University. His published writings range widely over topics in tort law, contract law, legal history and legal theory.

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