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.

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.

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.

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.

This history of tort law in America looks at how the subject has been conceptualized, pointing out why changes in rules occurred, and who did the changing. White approaches his subject from four perspectives: intellectual history, the sociology of knowledge, the phenomenon of professionalization in the late 19th and 20th centuries in America, and the recurrent concerns of tort law since it became a discrete field.

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

According to the US Consumer Product Safety Commission, in a given year there are approximately 1,290,000 medically treated injuries in football, 1,230,000 in baseball, and 1,180,000 in basketball. This book traces appellate court opinions which have involved sports injury cases from 1875 to the present and presents an analysis which explains why the courts in the US have generally not permitted compensation, how we as a nation established violent sports then fail to compensate the injured, and how even athletes with insurance coverage have seen their families financially devastated when their insurance failed.

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.

In 1992, an underground explosion at the Westray Mine in Plymouth,
Nova Scotia, killed twenty-six miners. Although the owners of the mine
were charged criminally, no one was convicted, largely because it was
deemed too difficult to determine legal responsibility.
More than a decade after the Westray disaster, the federal
government introduced revisions to the "Criminal Code" aimed at
strengthening corporate criminal liability. Bill C-45, dubbed the
Westray bill, requires employers to ensure a safe workplace and
attributes criminal liability to organizations for seriously injuring
or killing workers and/or the public. Yet, while the federal government
declared the Westray bill an important step, the law has thus far
failed to produce a crackdown on corporate crime.
In "Still Dying for a Living, " Steven Bittle turns a critical
eye on Canada's corporate criminal liability law. Drawing
theoretical inspiration from Foucauldian and neo-Marxist literatures
and interweaving in-depth interviews and parliamentary transcripts,
Bittle reveals how legal, economic, and cultural discourses surrounding
the Westray bill downplayed the seriousness of workplace injury and
death, effectively characterizing these crimes as regrettable but
largely unavoidable accidents. As long as the primary causes of
workplace injury and death are not properly scrutinized, Bittle argues,
workers will continue to die in the pursuit of earning a living.Steven Bittle is an assistant professor in the
Department of Criminology at the University of Ottawa.

Health Facility Malpractice Cases A Management Prevention Guide

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.

One of the most significant trends in the evolution of global tax systems has been the rise from relative obscurity of thin capitalisation rules, which are perceived as anti-avoidance rules. Despite their prevalence, it is unclear whether thin capitalisation rules: (1) attain tax neutrality (specifically, do these rules mitigate the tax-induced cross-border debt bias); and, (2) are effective in both theory and practice. Taxing Multinationals approaches the issue of thin capitalisation from a novel perspective by conceptualising the cross-border debt bias as the 'disease' and thin capitalisation as merely the 'symptom'. The overarching question guiding this book is whether, given the opportunity to start over, the tax-induced cross-border debt bias would be better addressed by retaining thin capitalisation rules in their current form or whether an alternative reform would be more suited to dealing with this 'disease'. Taxing Multinationals: Preventing tax base erosion through the reform of cross-border intercompany deduction is the seventh volume in the Australasian Tax Teachers' Association (ATTA) Doctoral Series.

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.

Kenneth Abraham explores the development and interdependency of the tort liability regime and the insurance system in the United States during the twentieth century and beyond, including the events of September 11, 2001.

From its beginning late in the nineteenth century, the availability of liability insurance led to the creation of new forms of liability, heavily influenced expansion of the liabilities that already existed, and continually promoted increases in the amount of money that was awarded in tort suits. A "liability-and-insurance spiral" emerged, in which the availability of liability insurance encouraged the imposition of more liability, and, in turn, the imposition of liability encouraged the further spread of insurance.

Liability insurance was not merely a source of funding for ever-greater amounts of tort liability. Liability insurers came to dominate tort litigation. They defended lawsuits against their policyholders, and they decided which cases to settle, fight, or appeal. The very idea behind insurance--that spreading losses among large numbers of policyholders is desirable--came to influence the ideology of tort law. To serve the aim of loss spreading, liability had to expand.

Today the tort liability and insurance systems constantly interact, and to reform one the role of the other must be fully understood.

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.

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.