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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Torts / delicts
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in the United States. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person's most fundamental rights on a worldwide scale.
THE PERSONAL INJURY CONUNDRUM
This book may be for you, if you: 1. Were injured in an accident involving a car, semi truck, motor cycle, bus or any other moving vehicle. 2. Do not think you were more than more than 50% at fault for the accident. 3. Have, or will probably have, medical bills of more than $2,000 from the accident. 4. Are not bothered about having your damages paid by a multi-billion dollar insurance company.
"Elements of Claims and Defenses in Nevada" by Day R. Williams, Attorney at Law, provides the elements of claims and defenses in Nevada law. This is a manual and reference for the working Nevada lawyer. Civil claims and affirmative defenses are explained. The book features a helpful index and table of authorities. The claims covered include the following: Abuse of Process, Accord and Satisfaction, Accounting, Aiding and Abetting, Alter Ego, Assault, Assumpsit, Attorney's Fees, Bad Faith, Battery, Breach of Contract, Breach of Duty of Fair Representation, Breach of Fiduciary Duty, Breach of Implied Covenant of Good Faith and Fair Dealing, Breach of Implied Warranty to Perform n a Workmanlike Manner, Civil Conspiracy, Civil Conspiracy to Defraud, Claim and Delivery, Concert of Action, Construction Defects, Constructive Dismissal, Constructive Fraud, Constructive Trust, Consumer Fraud, Contributory Infringement, Conversion, Copyright Infringement, Deceit or Misrepresentation, Deceptive Trade Practice, Declaratory Judgments, Joinder of Parties, Provisional Remedies, Defamation, Defense of Property, Dental Malpractice, Detinue, Disparate Treatment, Elder Exploitation, Equal Pay Claim, Equitable Estoppel, Equitable Lien, Equitable Tolling, Failure to Properly Supervise or Train under U.S.C. 1983, False Arrest, and False Imprisonment.
The Ultimate Guide to your Slip and Fall Case...Slip and fall accidents will injure millions of Americans this year. Nearly 20,000 people will die as a result of their injuries and several hundred thousand more will suffer permanent disability. Slip and fall accidents are the second highest cause of accidental death among the elderly. The effect of fall accident injuries can be catastrophic to the victims resulting in substantially changed life styles and monetary loss. Despite the frequent nature of slip and fall accidents they maintain a reputation of being the most difficult to win of all personal injury cases. Often shunned by trial lawyers and undervalued by defendants and their insurance carriers, these cases are characteristic of personal injury litigation that demands a full knowledge of the law and technology if litigation is to be successful. If you or a loved one has been injured in a slip and fall accident, this book is written for you. This book details the process from the initial accident to liability issues and how to successfully fight for what you deserve.
In 1992 a preventable explosion at the Westray Mine in Plymouth, Nova Scotia, killed twenty-six miners. More than a decade later, the government enacted Bill C-45, commonly known as the Westray bill, to hold organizations criminally liable for seriously injuring and killing workers and the public. In Still Dying for a Living, Steven Bittle turns a critical eye on the Westray bill, revealing how legal, economic, and cultural discourses surrounding the bill downplayed the seriousness of workplace injury and death, effectively characterizing these crimes as regrettable but largely unavoidable accidents and, in the process, obscuring their underlying causes.
The fourth edition of Andrew Burrows' seminal work Remedies for Torts, Breach of Contract, and Equitable Wrongs (previously Remedies for Torts and Breach of Contract), updates and extends coverage of judicial remedies for civil wrongs in English law. Since the release of the previous edition in 2004, the scope of discussion in the book has developed to include many contemporary case studies. Examples of these include Morris-Garner v One Step Ltd on negotiating damages, Milner v Carnival on quantum of mental distress damages, Forsyth Grant v Allen on restitution for torts, to name but a few, as well as crucial Supreme Court decisions on penalty clauses (Cavendish v Makdessi) and injunctions (LauritzenCool, Araci v Fallon and Coventry v Lawrence). In addition to comprehensive updating to take account of new developments in the law, this book includes two new chapters. Unique to the fourth edition, the first explores damages under the Human Rights Act of 1998; the second examines negotiating damages. Remedies for Torts, Breach of Contract, and Equitable Wrongs by leading scholar Andrew Burrows is a popular work amongst students and practitioners due to its broad coverage, factual detail, insightful application of academic context and enduring subject matter.
A tremendous concern facing the public now is the failure of metal-on-metal hip implant devices using systems like the recently recalled DePuy ASR hip implants. One concern is due to the tissue damage caused by metallosis that can not only compromise subsequent revision surgery, but pose long term health risks caused by metallosis. Many of the patients who received the DePuy ASR (Articular Surface Replacement) Hip Resurfacing System and ASR XL Acetabular System total hip replacement have filed lawsuits against the company, stating that DePuy did not do enough to warn consumers about the serious risks and side effects associated with these hip implant devices.
This scarce antiquarian book is a selection from Kessinger Publishing's Legacy Reprint Series. Due to its age, it may contain imperfections such as marks, notations, marginalia and flawed pages. Because we believe this work is culturally important, we have made it available as part of our commitment to protecting, preserving, and promoting the world's literature. Kessinger Publishing is the place to find hundreds of thousands of rare and hard-to-find books with something of interest for everyone!
Tort law is the body of law governing negligence, intentional misconduct, and other wrongful acts for which civil actions can be brought. The conventional wisdom is that the rules, concepts, and structures of tort law are neutral and unbiased, free of considerations of gender and race. In The Measure of Injury, Martha Chamallas and Jennifer Wriggins prove that tort law is anything but gender and race neutral. Drawing on an in-depth analysis of case law ranging from the Jim Crow South to the 9/11 Victim Compensation Fund, the authors demonstrate that women and minorities have been under-compensated in tort law and that traditional biases have resurfaced in updated forms to perpetuate patterns of disparate recovery based on race and gender. Grappling with tort theory, the intricacies of legal doctrine and the practical effects of legal rules, The Measure of Injury is a unique treatise on torts that uncovers the public and cultural dimensions of this always-controversial domain of private law.
Rediscovering the Law of Negligence offers a systematic and theoretical exploration of the law of negligence. Its aim is to re-establish the notion that thinking about the law ought to and can proceed on the basis of principle. As such, it is opposed to the prevalent modern view that the various aspects of the law are and must be based on individual policy decisions and that the task of the judge or commentator is to shape the law in terms of the relevant policies as she sees them. The book, then, is an attempt to re-establish the law of negligence as a body of law rather than as a branch of politics. The book argues that the law of negligence is best understood in terms of a relatively small set of principles enunciated in a small number of leading cases. It further argues that these principles are themselves best seen in terms of an aspect of morality called corrective justice which, when applied to the most important aspects of the law of negligence reveals that the law - even as it now exists - possesses a far greater degree of conceptual unity than is commonly thought. Using this method the author is able to examine familiar aspects of the law of negligence such as the standard of care; the duty of care; remoteness; misfeasance; economic loss; negligent misrepresentation; the liability of public bodies; wrongful conception; nervous shock; the defences of contributory negligence, voluntary assumption of risk, and illegality; causation; and issues concerning proof, to show that when the principles are applied and the idea of corrective justice is properly understood then the law appears both systematic and conceptually satisfactory. The upshot is a rediscovery of the law of negligence. "...an ambitious, well-researched and thought-provoking work, which will appeal to those interested in the academic debate as to the nature of the tort of negligence, reviving the argument that it could be unified under a set of key principles." Paula Giliker, Professional Negligence "Students and practitioners will...find the book valuable...Rediscovering the Law of Negligence asks serious questions about liability, compensation, and justice which is unlikely to leave any reader unmoved." David Dickinson, New Zealand Lawyer Magazine "...offers one of the most accessible introductions to corrective justice and interpretative legal theory that can be found in the relevant literature. " Jason W Neyers, King's Law Journal
The Lawyers' Guide to Personal Injury Law is an instructional textbook for attorneys who want to become experts in the field of negligence law. The book provides a comprehensive analysis of the law in a multitude of areas within the field, including the various types of construction accidents, motor vehicle accidents, premises accidents, and more. The Lawyers' Guide to Personal Injury Law also provides a detailed roadmap - from intake through trial - to successfully litigating each of these claims and, ultimately, maximizing monetary compensation for accident victims and their families.
Contents: The Nature of Tort; General Exemptions from Tortious Liability; Parties to an Action in Tort; Trespass (to the person and to land); Negligence; Occupiers Liability for Dangerous Premises; Employer's Liability in Industrial Accidents; Wrongful Interference with Goods; Nuisance; Malicious Prosecution; Strict Liability Torts; Liability for Statement; Vicarious Liability. Dr Aboaba Omtoesho is a Lecturer in the Faculty of Law at the University of Abuja, Nigeria.
What remedy, if any should the law provide to a person who has suffered "wrongful" harm at the hands of another? Should the lay do nothing and leave things as they are? Should the burden of helping injured persons bear their financial losses be placed on their families? Should we place the responsibility for helping on the government? As an alternative to these possibilities, we might say that in some cases people who cause harm should be required to compensate for the losses by paying money to the persons they have harmed. The law of torts is made of a series of rules that tell us when a person who has harmed another must pay that person compensation.
This work is the first attempt to provide a readily searchable single source digest of all reported awards of general damages since 1985 in non-personal injury claims, or, as appropriate, over a shorter period where there has been Court of Appeal intervention to lay down guidelines for cases where damages are at large, such as Thompson & Hsu v Commissioner of Police for the Metropolis in connection with the award of damages in claims against the police. The breadth of the subject matter to be included is huge, but for the purpose of attempting a sensible classification the awards have been grouped into property and property-related claims, which forms the first part of the work. diverse as: trespass to property, nuisance, breach of covenant, unlawful eviction, harassment, disrepair and user obligations, professional negligence, breaches of contract for the supply of goods and services including breaches of contracts providing for enjoyment or peace of mind, the loss of use of personal property, An invaluable and unique guide, property litigators will find it an invaluable tool to answer the client's key question with authority: What's It Worth? |
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