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The Damages Lottery

Autor P.S. Atiyah
en Limba Engleză Paperback – 30 apr 1997
A man slips on a dance floor and breaks his leg. He recovers damages. A child has both legs amputated as a result of meningitis and is awarded nothing. The law's justification for awarding damages in the first case is that the man's injury was the fault of someone else, while in the second case damages are denied because nobody was at fault. In this searching critique of the present law and practice relating to damages, Professor Patrick Atiyah shows that this system is in fact a lottery. He contends that the public are paying far too much for an unfair and inefficient insurance system and that reform is long overdue. His conclusion is that actions for damages for injuries should be abolished and replaced with a new no-fault road accident scheme, and actions for other injuries should be dealt with by individual or group insurance policies.
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Specificații

ISBN-13: 9781901362060
ISBN-10: 190136206X
Pagini: 216
Dimensiuni: 138 x 216 x 11 mm
Greutate: 0.24 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

In this searching critique, Professor Atiyah shows that the present system of damages is a lottery. His conclusion is that actions for injury damages should be abolished and replaced with new insurance policies and a no-fault road accident scheme.

Notă biografică

Patrick Atiyah was formerly Professor of English Law at the University of Oxford.

Cuprins

1. Suing for Damages2. How the Law has been Stretched3. More Stretching of the Law4. Who Receives Damages?5. Who Pays?6. An Unjust and Inefficient System7. Does the System have Non-Compensatory Benefits?8. What Can we do About It?

Recenzii

The case against the law of tort is made with Atiyahs usual scintillating clarity and in an entertainingly vigorous no-holds-barred style. Anyone looking for something to recommend to young people who are wondering whether they would find law interesting should look no further.
This book is written in a style that means that no one need fear jargon or boredom. It is a short book and very cheap. I recommend it to anyone who is at all interested in its subject matter. One thing that the general reader may not know and the author cannot explain is his towering status. The fact that he has put his authority behind a radical reform of the systemought to encourage profound thought.
Such readable and stimulating overviews of the social and intellectual effects of tort law are very welcome

Descriere

This searching critique of the present law and practice relating to damages shows that the system for awarding damages is in fact a lottery.