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Wrongs and Remedies in the Twenty-First Century (Hardcover)
Loot Price: R4,937
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Wrongs and Remedies in the Twenty-First Century (Hardcover)
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When potential litigants first approach a lawyer they are generally
interested in finding out one thing only: are they likely to be
able to win damages or any other kind of remedy and what kind of
quantum of damages are they likely to receive? It becomes the
lawyer's main task to try to argue for a remedy and to persuade the
court that the plaintiff has a good cause of action. Textbooks
about contract and tort frequently treat damages and other remedies
as an after-thought when in fact it is the issue of remedies which
is a constant and ever-present consideration for the plaintiff and
his or her lawyer. This new book, containing contributions from
many of the UK's leading specialists, brings to the fore a range of
issues which are of topical interest to litigators and to teachers
of law. In some instances the issues are currently the subject of
reform proposals and these essays usefully highlight the principal
issues facing the reformers and the objections which have been
raised by those opposed to reform. In addition four of the essays
tackle a strand of tort law which is of rapidly growing importance
- the area of professional negligence. The contributors are among
the best-known writers in this field and their essays combine
practical and academic perspectives which usefully highlight
contemporary trends in professional negligence litigation. The
first chapter in the book also offers a unique and controversial
overview of tort law in the UK by Professor Patrick Atiyah, who
argues for a complete rethink of the system of personal injuries
litigation in the UK, starting with its abolition. Not for the
first time, Professor Atiyah thinks the unthinkable.
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