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This book is a groundbreaking comparative law analysis of the
worlds largest and most mature compensation funds, impacting nearly
22 million people in the four jurisdictions of Victoria
(Australia), Qubec and Manitoba (Canada), and New Zealand. These
funds operate in a way that turns tort law on its head, are
financially stable and sustainable, and are a true revolution in
private law. The author analyses and provides solutions for the
core unresolved problems in the field of no-fault compensation and
identifies the operational and further development principles of
the four largest no-fault compensation funds within these
jurisdictions. The similarities and differences between
thematically equivalent schemes in civil law countries are examined
and the human rights intersections of large no-fault compensation
funds are analysed, something which has never been undertaken
before in both literature and practice. Based on qualitative
surveys of the four funds, the author analyses the funding, quantum
of compensation and dispute resolution issues. The book goes on to
identify realistic development goals for the existing funds and
focuses on the future by identifying new applications used by large
no-fault compensation funds for artificial intelligence and
emergency public health liability challenges. In particular, this
book examines the no-fault compensation funds underpinning the
World Health Organization's COVAX scheme, which was established in
early 2021. A Comparative Law Analysis of No-Fault Comprehensive
Compensation Funds provides valuable new insights for academics,
practitioners, policymakers and students in both common law and
civil jurisdictions.
Compensation funds are used in vastly different ways across
jurisdictions and legal traditions. They are an alternative to
traditional tort, insurance and social security structures, and
change or eliminate ordinary liability rules for certain classes of
victims. Compensation funds have been established to solve
liability problems in the domains of traffic accidents, financial
deposits, crime victim redress, industrial and environmental
damage, natural disasters and healthcare damage. They are popular
with lawmakers, but their undefined nature (and sometimes
incoherent status) raises important legal questions that have not
yet been fully answered.The way that compensation funds have
developed in different jurisdictions has not always been consistent
with the rest of the legal system within that jurisdiction. The
contributions in this book consider the way in which these funds
have been used in Belgium, France, Germany, the Netherlands, New
Zealand, Spain and the United Kingdom. Focusing on their functions,
purpose, funding and quantum of compensation, new conclusions are
drawn on the objectives of compensation funds and how they differ
from insurance and social security.Compensation Funds in
Comparative Perspective is useful for all comparative law,
liability law and insurance law scholars and practitioners seeking
to understand contemporary issues in the operation of compensation
funds and introduces novel ideas for future development.
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