Atiyah's accidents, compensation and the law - download pdf or read online

By Peter Cane

ISBN-10: 0521689317

ISBN-13: 9780521689311

In view that its first ebook, injuries, repayment and the legislation has been acknowledged because the best remedy of the legislations of private accidents repayment and the social, political and financial matters surrounding it. The 7th variation of this vintage paintings explores fresh momentous alterations in own damage legislations 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 damage claims; the expanding use of conditional cost agreements and after-the-event coverage; the meteoric upward push and forthcoming law of the claims administration undefined. court cases that Britain is a 'compensation tradition' soreness an 'insurance challenge' are investigated. New facts on tort claims are mentioned, delivering clean insights into the evolution of the tort method which, regardless of contemporary reforms, continues to be deeply incorrect and ripe for radical reform.

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Sample text

Fourthly, the term ‘accident’ is often used to refer to injury and damage which is caused by a sudden, non-repetitive, traumatic occurrence; and in this sense it is contrasted with illness or disease, which often develops gradually and has no easily identifiable starting point. The distinction between ‘traumatic’ accidents and ‘non-traumatic’ diseases is of considerable practical and theoretical importance in the law,1 and it will be mentioned at various points. The scope of this book is not limited to any of these narrower senses of the word ‘accident’, although its primary focus is on injury and damage for which the law provides some compensation.

We do not compensate people simply because 7 The Second World War, vol. II (London, 1949), 308. Churchill was one of the pioneers of social insurance: Liberalism and the Social Problem (London, 1909), 309, 315–16. Introduction: surveying the field their natural abilities do not allow them to earn as much as some others, but we do compensate people whose earning power is reduced by a work accident (under the industrial injuries scheme) or by someone else’s fault (by imposing tort liability). The social security system compensates earners for income loss resulting from illness or accident, but it does not compensate people who have never been able to work for their inability to do so.

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?

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

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