The way the law responds to death or personal injury resulting from medical treatment has changed over time. Expectations of success in medical interventions have risen. Hospitals have become more complex and use more advanced technology. This has had an impact on the liability of medical practitioners, both in generating new problems and in raising standards of expected care. While the focus is civil liability, typically either through contract or tort, this volume of essays also examines compensation systems outside private law. This topic has grown in significance since 1945. The problems encountered by the law are similar across the different jurisdictions, even if the health service arrangements are different. The legal changes are also set against changes in the institutional background, such as the role of the state, the availability of insurance and the professionalisation of medical practitioners.

The new edition of European Tort Law provides an extensive revision and update of the only English language handbook in this constantly evolving area. The coverage in the new edition has been expanded with material on the latest developments in legislation, legal literature, and the case law of the European Court of Human Rights, the Court of Justice of the European Union, and the highest courts in France, Germany, and England.
The first part of the book, Systems of Liability, provides chapters on the state of tort law in France, Germany, and England, and the European Union. A concluding chapter gives an overall view of the European field, linking the variety of rules with cultural diversity, examining the consequences for European harmonization, and emphasizing the importance of a European policy discourse.
The second part, Requirements for Liability, analyses and compares the classic requirements for liability in a comparative and supranational perspective: rights and protected interests, intention and negligence, breach of statutory duty, stricter rules of liability, causation, damage, damages, and contributory negligence. It also discusses the role of tort law in protecting human rights against violations by the state and by multinational corporations.
The final part, Categories of Liability, assesses how national and supranational rules are applied in a number of categories, such as in liability for motor vehicles, defective products, and defective premises, in liability for children, employees, and subsidiaries, as well as in cases of nuisance, environmental liability, and liability of public bodies.

Fatal accidents present the lawyer with a set of problems distinct from those of non-fatal personal injury claims. In particular, who does the law categorise as a dependant and how do you calculate the claim for dependency? The APIL Guide to Fatal Accidents, now in its fourth edition, provides practical advice on how to run a case involving a fatal accident and how to secure maximum awards for the family, friends and estate of the deceased. Useful practical materials such as client questionnaires, draft pleadings and schedules of damages complement the text. In addition the relevant statutory materials and the latest edition of the Ogden Tables are reproduced for ease of reference.

Originally published in 1931, this book is comprised of the content of a series of lectures delivered in the University of Calcutta during 1930. The text traces the relationship between tortious obligation and other regions of the law, suggesting that the Common Law gains greatly in effectiveness by the absence of clearly marked barriers on the boundary of any one of the subjects analysed. Indices of statutes and cases are also included. This book will be of value to anyone with an interest in tort law and legal history.

Vicarious liability is controversial: a principle of strict liability in an area dominated by fault-based liability. By making an innocent party pay compensation for the torts of another, it can also appear unjust. Yet it is a principle found in all Western legal systems, be they civil law or common law. Despite uncertainty as to its justifications, it is accepted as necessary. In our modern global economy, we are unlikely to understand its meaning and rationale through study of one legal system alone. Using her considerable experience as a comparative tort lawyer, Paula Giliker examines the principle of vicarious liability (or, to a civil lawyer, liability for the acts of others) in England and Wales, Australia, Canada, France and Germany, and with reference to legal systems in countries such as the United States, New Zealand and Spain.

Exploring Private Law presents a collection of essays, by leading scholars from across the world, on private law doctrines, remedies, and methods. The overarching purpose of the collection, inspired by recent debate, is to celebrate and illustrate the contribution that both top-down' and bottom-up' methods of reasoning make to the development of private law. With that purpose in mind, the contributors to the collection explore a range of topics of current interest: judicial approaches to top-down' and bottom-up' methods; teaching trusts law; the protection of privacy in private law; the development of the law of unjust enrichment; the private law consequences of theft; equity's jurisdiction to relieve against forfeiture; the nature of fiduciary relationships and obligations; the duties of trustees; compensation and disgorgement remedies; partial rescission; the role of unconscionability in proprietary estoppel; and the nature of registered title to land.

This book develops a theory of tort law that integrates deontic and consequential approaches by applying justificational analysis to identify the factors, circumstances, and values that shape tort law. Drawing on Kantian and Rawlsian philosophy, and on the insights of game theorist Ken Binmore, this book refocuses tort law on a single theory of responsibility that explains and justifies the broad range of tort doctrine and concepts. Under this theory, tort law asks people to appropriately incorporate the well-being of others into the decisions they make, explains when that duty applies, and explains the scope and limits of that duty. The theory also incorporates a theory of the evolutionary development of social values that people use, and ought to use, in meeting that duty and explains how decision-making from behind the veil of ignorance allows us to evaluate the is in light of the ought.

Today terrorism has become a world-wide phenomenon which does not stop at the European borders. Following the 9/11 attacks on the World Trade Centre and terrorist attacks in Paris, Madrid and London, concerns have arisen in Europe about potential liability exposure for terrorism-related damage. This book tackles the problem of civil liability for damage caused by terrorist acts from several angles. The authors expertly deliver a comprehensive analysis of terrorism-related risk under international and EU law, and the national tort law systems of seven representative EU Member States. They also provide a comparison of the situation in Europe to the liability environment in the United States. Risk mitigation strategies are considered and critically assessed, as are alternative systems for redressing terrorism-related risks. The book concludes with a reflection on the analysis and presents possible strategies for future regulation by the European lawmakers.

This book develops a theory of tort law that integrates deontic and consequential approaches by applying justificational analysis to identify the factors, circumstances, and values that shape tort law. Drawing on Kantian and Rawlsian philosophy, and on the insights of game theorist Ken Binmore, this book refocuses tort law on a single theory of responsibility that explains and justifies the broad range of tort doctrine and concepts. Under this theory, tort law asks people to appropriately incorporate the well-being of others into the decisions they make, explains when that duty applies, and explains the scope and limits of that duty. The theory also incorporates a theory of the evolutionary development of social values that people use, and ought to use, in meeting that duty and explains how decision-making from behind the veil of ignorance allows us to evaluate the is in light of the ought.

The common law, despite procedural divisions, has only ever had one class of civil wrongs. The civilians, by contrast, have typically split their law of wrongs in two, one group being called "delicts" and the other "quasi-delicts." Yet this division, which originated in Roman law, remains mysterious: it is clear neither where the line was drawn nor why a separation was made along this line.
This book does two things. In the first two parts, it investigates the origins of the division and its development in a modern civilian jurisdiction, France. What is argued for is that the Roman dichotomy was originally one between fault (culpa)-based and situational liability, which was prompted by a historical contraction of the Roman concept of a wrong (delictum). French law, building on medieval interpretations of the division, redrew the line one level higher, between deliberate and negligent wrongdoing. By doing so, it involved itself in severe taxonomical difficulties, which the book explores.
The third part of the work concerns itself with the significance of the civilian division of wrongs according to degrees of blameworthiness (dolus, culpa, casus) for the common law. A provocative thesis is developed, in effect, that there is a strong case for the adoption of a similar trichotomy as the first-level division of the English law of civil wrongs. From its formulary age, English law has inherited an unstable taxonomy where wrongs intersect. The existence of these mismatched categories continues to cause significant difficulties, which a realignment of causes of action along the above lines would rectify.

Cases and Commentary on Tort features a range of extracts from significant cases which form a useful portfolio of primary sources for undergraduate students. The authors' succinct and engaging commentary offers insight into the basic principles of tort law and highlights the role the key cases play in the wider context of the subject. The extracts have been carefully selected to ensure they are of a manageable length while also providing an accurate picture of the main principles of tort law, making this an ideal text for students studying this area of law for the first time. Questions at the end of chapters prompt further discussion of the wider issues involved, while annotated further reading lists highlight useful texts and articles for students wishing to undertake more in-depth study in areas of particular interest.

Tort Wars brings together the diverse and usually insufficiently related strands of tort law and treats the moral, economic, and systemic problems running through those strands with a single analysis and theory. In that tort law employs theory at all, it is typically theory measured against notions of corrective justice or appeals to utility. Both have severe prescriptive restrictions and limited explanatory power and often stray from any useful description of tort cases in the courts. Tort Wars looks at the nature of dispute resolution techniques, criticizes the blase justice and more esoteric utility theory, and examines the problems of both the legal academy and the veracity vacuum in the courtroom. Further, it explores the conceptual differences between tort and contract, locating contract as a subset of tort. It uses examples drawn from the edges of tort law in an attempt to measure central cases by the marginal ones and to provide a barometer of emerging legal and social change, achieved through imposing an individualized peace.

Tort Wars brings together the diverse and usually insufficiently related strands of tort law and treats the moral, economic, and systemic problems running through those strands with a single analysis and theory. In that tort law employs theory at all, it is typically theory measured against notions of corrective justice or appeals to utility. Both have severe prescriptive restrictions and limited explanatory power and often stray from any useful description of tort cases in the courts. Tort Wars looks at the nature of dispute resolution techniques, criticizes the blase justice and more esoteric utility theory, and examines the problems of both the legal academy and the veracity vacuum in the courtroom. Further, it explores the conceptual differences between tort and contract, locating contract as a subset of tort. It uses examples drawn from the edges of tort law in an attempt to measure central cases by the marginal ones and to provide a barometer of emerging legal and social change, achieved through imposing an individualized peace.

Rights and obligations can arise, amongst other things, in tort or in unjust enrichment. Simone Degeling deals with the phenomenon whereby a stranger to litigation is entitled to participate in the fruits of that litigation. Two prominent examples of this phenomenon are the carer, entitled to share in the fund of damages recovered by a victim of tort, and the indemnity insurer, entitled to participate in the fruits of the insured's claim against the wrongdoer. Degeling demonstrates that both are rights raised to reverse unjust enrichment. Careful examination of these two categories reveals the existence of a novel policy-motivated unjust factor called the policy against accumulation. Degeling argues that this is an unjust factor of broad application, applying to configurations other than that of the carer and the indemnity insurer. This will interest restitution and tort lawyers, both academic and practitioner, as well as academic institutions and court libraries.

When accidents occur and people suffer injuries, who ought to bear the loss? Tort law offers a complex set of rules to answer this question, but up to now philosophers have offered little by way of analysis of these rules. In eight essays commissioned for this volume, leading legal theorists examine the philosophical foundations of tort law. Amongst the questions they address are the following: how are the notions at the core of tort practice (such as responsibility, fault, negligence, due care, and duty to repair) to be understood? Is an explanation based on a conception of justice feasible? How are concerns of distributive and corrective justice related? What amounts to an adequate explanation of tort law? This collection will be of interest to professionals and advanced students working in philosophy of law, social theory, political theory, and law, as well as anyone seeking a better understanding of tort law.

Tort law provides individuals or groups redress for wrongful harm to every dimension of life from physical injury to property damage to personal insult. Over the past decades no body of law within the civil justice system has experienced greater ferment than the law of Torts. This edited collection comprises new scholarship from many of today's most influential contributors to Torts scholarship. Topics include provocative analyses of orginal Tort-type norms; punitive damages; proportional liability; the political-legal dynamics of the Restatement process; landmark modern Torts decisions; the future of collateral source rules relative to various types of insurance; the role of risk information in assignment of seller liability; privity and freedom of contact; the vitality of negligence and duty rules, and optimal rules for vicarious liability. The collection closes with chapters from civil code nation authorities on the European view of causation in toxic harm suits and on collective rights and actions in South America and in Europe.

Independent of criminal or contract law, Tort law provides individuals and groups with redress for injury to every dimension of life from physical injury, to property damage, to personal insult. Over past decades no body of law within the civil justice system has experienced greater ferment than the law of Torts. In the US, state courts, federal courts, and the Supreme Court have all been active in the development of Tort policy. This edited collection comprises new scholarship from many of today's most influential contributors regarding Torts and Compensation Systems scholarship. Topics include an investigation of the original stimuli for tort-type norms from ancient times to the present, a provocative analysis of five tort landmarks from MacPherson v. Buick Motor Co. to United States v. Carroll Towing Co, and a frank assessment of the limitations of torts within broader compensation systems goals.

This book examines the law of product liability from a comparative perspective. With the European Directive on Product Liability enacted over 20 years ago, this publication analyses the state of product liability in a number of key jurisdictions including both Western European countries and New Member States. Account is also taken of developments further afield, including the United States and Japan. Distinguished contributors, including a high court judge, European Commission official, leading litigators and academics, provide individual country reports and a number of integrated comparative studies. The book is designed for practical use by legal practitioners, academics, students and others interested in the area of contract, tort, civil procedure and multi-party litigation. In particular, practitioners will find the country reports an essential reference point.

When accidents occur and people suffer injuries, who ought to bear the loss? Tort law offers a complex set of rules to answer this question, but up to now philosophers have offered little by way of analysis of these rules. In eight essays commissioned for this volume, leading legal theorists examine the philosophical foundations of tort law. This collection will be of interest to professionals and advanced students working in philosophy of law, social theory, political theory, and law, as well as anyone seeking a better understanding of tort law.

In this paperback reprint of a book originally published in 1993, Carl Cranor argues that the scientific and statistical criteria usually used to determine whether substances are toxic are too rigorous and time-consuming for evidentiary purposes in tort cases and for regulation. This results in the underregulation of toxic substances and the undercompensation of plaintiffs in tort cases. Cranor proposes that the evidential standards now used should be evaluated with the purposes of the law in mind. The choice of standards is, in effect, a choice between economic costs to society and health costs to individuals. Cranor argues persuasively that justice requires that priority be given to avoiding the latter.

This exceptional collection of twenty-two essays on the philosophical fundamentals of tort law assembles many of the world's leading commentators on this particualrly fascinating conjunction of law and philosophy. The contributions range broadly, from inquiries into how tort law derives from Aristotle, Aquinas, and Kant to the latest rights-based and economic theories of legal reponsibility.

The collapse of Enron. The prosecution of Arthur Andersen. The bankruptcy of WorldCom. We live in an era defined by corporate greed and malfeasance--one in which unprecedented accounting frauds and failures of compliance run rampant. Allegations against some of the most revered companies in the United States continue to raise disturbing questions about business ethics, good corporate citizenship, and organizational accountability. To calm investor fears, revive perceptions of legitimacy in markets, and demonstrate the resolve of state and federal regulators, a host of reforms, high-profile investigations, and symbolic prosecutions have been conducted. But are they enough?
In this timely work, William S. Laufer argues that even with recent legal reforms--and those about to be enacted--corporate criminal law continues to be ineffective. "Corporate Bodies and Guilty Minds" outlines the many reasons why this is so. Laufer considers the failure of courts and legislatures to fashion liability rules that fairly attribute blame for organizations. He analyzes the games that corporations play to deflect criminal responsibility. And he also demonstrates how the exchange of cooperation for prosecutorial leniency and amnesty belies true law enforcement. But none of these factors, according to Laufer, trumps the fact that there is no single constituency or interest group that strongly and consistently advocates the importance and priority of corporate criminal liability. In the absence of a new standard of corporate liability, the power of regulators to keep corporate abuses in check will remain insufficient.
A necessary corrective to our current climate of graft and greed, "Corporate Bodiesand Guilty Minds "will be essential to policymakers and legal minds alike.

Presenting the law of tort as a body of principles, this authoritative textbook gives an incisive understanding of the subject. Each tort is carefully structured and examined within a consistent analytical framework that guides students through its preconditions, elements, defences and remedies. Clear summaries and comparisons accompany the detailed exposition, and further support is provided by diagrams and tables which clarify complex aspects of the law. Critical discussion of legal judgments encourages students to develop strong analytical and case-reading skills, whilst key reform proposals and leading cases from other jurisdictions illustrate different potential solutions to conundrums in tort law. Ten additional chapters on more advanced topics can be found online, completing the learning package. This new edition has been updated to take account of important cases, legislative developments and law reform studies since July 2015.

NEW in paperback From the Reviews of the hardback edition: This is a fascinating and thought-provoking collection of eight essays...Taken together they represent a coherent and compelling exposition of the English law of obligations...One is left with the picture of an [author] ...who remains a devotee of "practical scholarship" and the deductive technique of the common law and has a grasp on its intricacies second to non." Edwin Peel, The Law Quarterly Review, 1999 "[These essays], all concerned with various aspects of contract, tort and unjust enrichment, are a pleasure to peruse, and a distinct cut above the usual lacklustre collection of past triumphs now beyond their sell-by date. Without exception they are both topical and relevant: ...together they form a readable, scholarly and eclectic mixture of exposition and polemic, of speculation and analysis" Andrew Tettenborn, The Cambridge Law Journal, 1999 "..quite simply the most convincing and complete explanation of the law of obligations that is currently available - the book is thorough, compelling, definitive, and highly important." Paul Kearns, Anglo-American Law Review, 1999 "an extremely important work, produced by a leading academic." David Wright, Adelaide Law Review