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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.
This is the new sixth edition of Patrick Atiyah's Introduction to the Law of Contract. It offers a clear and comprehensive account of this area of law. This latest edition, by Stephen Smith, retains the general shape and structure of Atiyah's book but as with previous editions, the text has been completely revised and updated to place the Law of Contract in a modern context. This remains a stimulating and innovative introduction for all students coming to the Law of Contract for the first time.
This book has a comparatively original theme, or set of themes. It
offers, first, a new way of analysing styles of legal reasoning -
between more 'formal' and more 'substantive' styles. This analysis,
which is worked out in some detail, is a major contribution to
jurisprudence in its own right. The book then goes on to
demonstrate in detail the differences in legal reasoning - and in
the legal systems as a whole - between England and America,
suggesting that the English is a much more 'formal' legal system
and the American a more 'substantive' one. Thirdly, the book
proceeds to explore in detail a wide range of cultural,
institutional, and historical factors relating to the two legal
systems, an exploration which is not only of value for comparative
studies, but also confirms the argument in the first part of the
book as to the relative 'formality' of the two legal systems.
Originally published in 1988 and now available in a revised
paperback edition, this collection of essays by one of the leading
contract theorists of the common law world concerns the theory and
foundations of contractual liability. This paperback edition
includes a new essay, "Freedom of Contract and the New Right,"
which charts the latest shift in the development of contract law
back in the direction of Freedom of Contract. This collection will
especially appeal to students and scholars of contract law and
theory and the law of obligation.
This book has a comparatively original theme, or set of themes. It
offers, first, a new way of analysing styles of legal reasoning -
between more "formal" and more "substantive" styles. This analysis,
which is worked out in some detail, is an important contribution to
jurisprudence in its own right. The book then goes on to
demonstrate in detail the differences in legal reasoning - and in
the legal systems as a whole - between England and America,
suggesting that the English is a much more "formal" legal system
and the American a more "substantive" one. Thirdly, the book
explores in detail a wide range of cultural, institutional, and
historical factors relating to the two legal systems, an
exploration which is not only of value for comparative studies, but
also confirms the argument in the first part of the book as to the
relative "formality" of the two legal systems. A book for Legal
scholars and lawyers in Britain and America; jurists; lawyers in
general and students of comparative law.
A man slips on the dancefloor 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. This critique of the present law and practice
relating to damages, shows that the damages system is in fact a
lottery. It contends that the public are paying far too much for an
unfair and inefficient insurance system, and that reform is long
overdue. The book concludes that actions for damages for injuries
should be abolished and replaced with a new no-fault road accident
scheme, and actions for injuries should be dealt with by individual
or group insurance policies.
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