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.

The publication of Scholars of Tort Law marks the beginning of a long overdue rebalancing of private law scholarship. Instead of concentrating on judicial decisions and academic commentary only for what that commentary says about judicial decisions, the book explores the contributions of scholars of tort law in their own right. The work of a selection of leading scholars of tort law from across the common law world, ranging from Thomas Cooley (1824-1898) to Patrick Atiyah (1931-2018), is addressed by eminent current scholars in the field. The focus of the contributions is on the nature of the work produced by each of the scholars in question, important influences on their work, and the influence which that work in turn had on thinking about tort law. The process of subjecting tort law scholarship to sustained analysis provides new insights into the intellectual development of tort law and reveals the important role played by scholars in that development. By focusing on the work of influential tort scholars, the book serves to emphasise the importance of legal scholarship to the development of the common law more generally.

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?

How can you avoid the common pitfalls when navigating the complexities of personal injury limitation periods? This is a guide to the law of limitation periods in personal injury actions. Pitfalls and problems are highlighted and the limitation periods and service rules are clearly explained, ensuring that you never issue or serve proceedings outside the legal time limits. Each chapter is supplemented by summaries of the key cases for that topic and Part 2 contains all the relevant legislation. New coverage includes landmark cases, explaining and analysing their impact on practice: - Collins v Secretary of State for Business, Innovation and Skills (Court of Appeal, 2014) - an asbestos-related lung cancer case of 'seminal importance in relation to long tail industrial disease claims' - Platt v BRB (Residuary) Ltd (Court of Appeal, 2014) - examination of constructive knowledge in the context of limitation in disease cases - RE v GE (2015) - consideration of the court's discretion, conferred by section 33 of the Limitation Act 1980 in the context of a sexual abuse case - Abela v Baadarani (Supreme Court, 2013) - highlights an important shift of emphasis away from the traditional approach to service out of the jurisdiction and considerations of national sovereignty, and towards a more practical and pragmatic approach - Barton v Wright Hassall (Supreme Court, 2018) - a crucial judgment regarding whether litigants in person should be granted a special status in civil litigation

This is the third book in the 'Ius Commune Casebooks for the Common Law of Europe' series,developed for use throughout Europe and aimed at those who teach, learn or practice law with a comparative or European perspective. The book contains excerpts from legal commentaries, leading cases and legislation from the main legal traditions within Europe (English, French and German law), as well as the Netherlands, but also relying on the contribution of mixed legal systems such as those of Scotland and South Africa. Unjustified Enrichment concerns the law of restitution and contains a wide selection of extracts from the basic texts and commentaries. The materials are chosen and ordered so as to foster comparative study, prefaced by comparative introductions and complemented with annotations prepared by a multinational team. The whole Casebook is in English.

This paperback reader brings together some seminal papers on law and economics, with special emphasis on the foundational contributions to the economics of property, contracts and torts. The growing influence of these writings in the judicial profession, and in the academic world, underscores the relevance and importance of these early contributions and the growing maturity of the law and economics movement. These seminal papers have provided the foundations for the development of an overarching economic theory of law and, most importantly, have opened new areas of research for present and future generations of jurists and economists alike.The articles are arranged by theme, with topics including the methodological foundations of law and economics, the efficiency of the common law hypothesis, the economics of property law and the Coase theorem, the economics of contracts and the economics of tort law. The editors, themselves distinguished scholars in the field, have written a new introduction to accompany the readings.

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

The Guide to Huge Cash Awards, Lifetime Payments & Maximum Money. By Jim "The Hammer" Shapiro. Learn how to wring Maximum Money Awards out of: Smug Insurance Companies; Rich, Greedy Corporations; Evil Landlords; and Crooked Stock Brokers.

A woman suffers paralyzing injuries in a car accident but fails in court to prove the other driver's fault. She loses her case and is left bankrupt as well as maimed. An intoxicated man stumbles in the path of a subway train. He sues the local transit authority and wins a $9 million judgment. Real-life tort (or accident) cases like these inspire outrage against a system that seems frustratingly slow, inequitable, and expensive. In this even-handed and fascinating book, two leading tort experts explain to lay readers the strengths and weaknesses of our tort law system. Peter Bell and Jeffrey O'Connell demystify tort law and bring to life the process of tort litigation. The roots of tort law lie in human suffering, maimed bodies, shattered spirits, and extinguished lives, say the authors. They discuss tort law's compensatory and deterrent functions; its delays, fortuity, and high transaction costs (mostly in lawyer's fees); and its role in discouraging harmful-as well as, on occasion, useful-activities. In a discussion of mass toxic tort cases, the authors investigate the ability of the courts to deal adequately with huge suits (related to breast implants or tobacco-related illnesses, for example) that involve massive numbers of claimants. Bell and O'Connell conclude with an objective review of such current reform enactments and proposals as no-fault insurance, caps on damages, and contingency fee reform.

The foundation of tort law in various European legal systems differs considerably. A group of tort lawyers, the "European Group on Tort Law", proposes to address the fundamental questions underlying every tort law system. They aim at identifying these principles, thus searching for a common law of Europe, without the necessity yet to lay these principles down in formal legal texts, such as a European civil code. Discussing the most relevant factors in establishing liability as wrongfulness, causation, damage, fault and the area of strict liability the group is concentrating on the topic "causation" in this book, trying to combine theoretical abstract analysis with the discussion of concrete cases. Firstly, the authors give an overview of causation under their national legal systems, especially by working out its concept and its importance in establishing liability. Secondly, concrete cases are solved. The following comparative conclusions aim at the co-ordination of the results and the supplementation of other important factors. In summary, the book tries to make clear which is the common ground of causation that underlies all the legal systems concerned with respect to the law of tort as well as to teach the academic and practitioner the fundamental questions of causation underlying the law of tort in a particular country.

This controversial book describes the transformation of modern tort law since the 1960s, and shows how the dramatic increase in liability lawsuits has had an adverse effect on the safety, health, the cost of insurance, and individual rights.

This comprehensive new volume on psychology and the law is an essential reference for students and professionals. It offers the most up-to-date information on issues such as malpractive, confidentiality, jury selection, punishment, competency, and the right to refuse treatment.

Two well-known professionals, a lawyer and a clinical psychologist, have teamed up to write this judiciously balanced, clearly presented, and accessible guide to an ever more complex subject. they answer such questions as: What does a lie detector test really tell you? Can law enforcement officials use hypnosis to investigate a crime? Is eyewitness testimony the most reliable and persuasive evidence? Are we living in a more punitive society?

These and other issues are dealt with in a concise, readable manner, one that tells readers how to approach the problems with arise in day-today practive as well as how to think about the fundamental current ethical and legal issues.

Meticulously researched and documented, this important new volume offers a lively presentation, one which is "must" reading for students of law, and for professionals in both fields who want a complete reference guide.

A woman terrified by the threats of a jilted suitor is denied police protection. A workman collapses on the job and the employer is slow to help him. A bully in a bar begins to carry out threats of serious injury to a customer, after the bartender's lackadaisical response. Springing from varied areas of human activity, such cases occupy an important area of the legal battleground called modern tort law. They also provide the basis for a fascinating legal analysis by Marshall S. Shapo. Tort law is an important social mediator of events surrounding personal injuries. It impinges on many other areas of the law-those dealing with crime, constitutional protections against government officials and agencies, and property rights. Since litigated tort cases often involve brutal treatment or accidents inflicting severe physical harm, this area of the law generates much emotion and complex legal doctrine. Shapo cuts through the emotion and the complexity to present a view of these problems that is both legally sound and intuitively appealing. His emphasis is on power relationships between private citizens and other individuals, as well as between private persons and governments and officials. He undertakes to define power in a meaningful way as it relates to many tort issues faced by ordinary citizens, and to make this definition precise by constant reference to concrete cases. His particular focus is on an age-old problem in tort law: the question of when a person has a duty to aid another in peril. In analyzing a large number of cases in this category, Shapo develops an analysis that blends considerations of economic efficiency and humanitarian concern. Recognizing that economic considerations are significant in judicial analysis of these cases, he emphasizes elements that go beyond a simple concern with efficiency, especially the ability of one person to control another's actions or exposure to risk. These considerations of power and corresponding dependence provide the basis for Shapo's study of the duties of both private citizens and governments to prevent injury to others. Calling on a broad range of legal precedents, he also refers to social science research dealing with the behavior of bystanders when fellow citizens are under attack. Beyond his application of a power-based analysis to litigation traditionally based in tort doctrine, Shapo offers some speculative suggestions on the possible applicability of his views to several controversial areas of welfare law: medical care, municipal services, and educational standards. This book was written with a view to readership by interested citizens as well as legal scholars, judges, and practicing attorneys.

The present collection of essays addresses the development of Ukrainian private law in the course of its ongoing Europeanization. This process is determined by the Association Agreement between the EU and Ukraine, which was concluded in 2014 and obliges Ukraine to implement a diverse number of European legal acts in its national legal system, aiming to achieve the economic integration of Ukraine into the EU internal market. Nevertheless, it would be inaccurate to describe the process of integrating Ukrainian private law into the European Area of Justice as solely the implementation of the Community acquis. Rather, the Europeanization of Ukrainian private law is part of a value-based Europeanization of the entire Ukrainian society.

Fur die 23. Auflage wurde das Lehrbuch umfassend aktualisiert. Dabei waren neue Gesetze mit erbrechtlichen Auswirkungen zu berucksichtigen, insbesondere das Gesetz zur Reform des Vormundschafts- und Betreuungsrechts und das Gesetz zur Modernisierung des Personengesellschaftsrechts. Zahlreiche, seit dem Erscheinen der Vorauflage ergangene Entscheidungen des BGH und der Oberlandesgerichte leisteten wichtige Beitrage zur Weiterentwicklung des Erbrechts. Unverandert bleibt das Ziel des Buches, die Studierenden mit den Grundlinien des Erbrechts vertraut zu machen, zugleich aber auch die Beurteilung konkreter erbrechtlicher Fragen anhand des neuesten Standes dieses praktisch uberaus wichtigen Rechtsgebiets zu ermoeglichen.

Little attention has been paid to the development of Australian private law throughout the first half of the twentieth century. Using the law of tort as an example, Mark Lunney argues that Australian contributions to common law development need to be viewed in the context of the British race patriotism that characterised the intellectual and cultural milieu of Australian legal practitioners. Using not only primary legal materials but also newspapers and other secondary sources, he traces Australian developments to what Australian lawyers viewed as British common law. The interaction between formal legal doctrine and the wider Australian contexts in which that doctrine applied provided considerable opportunities for nuanced innovation in both the legal rules themselves and in their application. This book will be of interest to both lawyers and historians keen to see how notions of Australian identity have contributed to the development of an Australian law.

This book is a broad and deep inquiry into how contingency fees distort our civil justice system, influence our political system, and endanger democratic governance. Contingency fees are the way personal injury lawyers finance access to the courts for those wrongfully injured. Although the public senses that lawyers manipulate the justice system to serve their own ends, few are aware of the high costs that come with contingency fees. This book sets out to change that, providing a window into the seamy underworld of contingency fees that the bar and the courts not only tolerate but even protect and nurture. Contrary to a broad academic consensus, the book argues that the financial incentives for lawyers to litigate are so inordinately high that they perversely impact our civil justice system and impose other unconscionable costs. It thus presents the intellectual architecture that underpins all tort reform efforts.

Wounded Feelings is the first legal history of emotions in Canada. Through detailed histories of how people litigated emotional injuries like dishonour, humiliation, grief, and betrayal before the Quebec civil courts from 1870 to 1950, Eric H. Reiter explores the confrontation between people's lived experience of emotion and the legal categories and terminology of lawyers, judges, and courts. Drawing on archival case files, newspapers, and contemporary legal writings, he examines how individuals narrated their claims of injured feelings and how the courts assessed those claims using legal rules, social norms, and the judges' own feelings to validate certain emotional injuries and reject others. The cases reveal both contemporary views of emotion as well as the family, gender, class, linguistic, and racial dynamics that shaped those understandings and their adjudication. Examples include a family's grief over their infant son's death due to a physician's prescription error, a wealthy woman's mortification at being harassed by a conductor aboard a train, and a Black man's indignation at being denied seats at a Montreal cinema. The book also traces an important legal change in how moral injury was conceptualized in Quebec civil law over the period as it came to be linked to the developing idea of personality rights. By 1950 the subjective richness of stories of wounded feelings was increasingly put into the language of violated rights, a development with implications for both social understandings of emotion and how individuals presented their emotional injuries in court.

Beginning in the mid 1970s the manufacturer of Benedictin was sued repeatedly over allegations that the drug--prescribed for pregnant women to overcome the effects of morning sickness--had caused birth defects. Yet in twenty years no one has collected any damages.
Joseph Sanders offers a comprehensive study of this litigation. Sanders looks at the cases from the different perspectives of the parties involved: attorneys, scientists, and juries. He discusses the role of lawyers in the development of claims and in the litigation, how scientific evidence is used in these trials, and the role of judges in managing and resolving these cases.
Increasingly, courts have decided who will bear the costs of the side effects of many products. These cases often involve thousands of individual law suits and present a variety of issues for the courts, including how to determine factual issues of causation, the value of claims, and how to fairly manage a large volume of claims. And yet the role of the judicial system in resolving liability issues involving large numbers of claims is highly controversial.
This book will appeal to scholars of the American judiciary and those interested in the role of courts in product liability matters.
Joseph Sanders is Professor of Law, University of Houston Law Center.