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The Damages Lottery (Paperback)
Loot Price: R1,044
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The Damages Lottery (Paperback)
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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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