Discussion Paper On Damages For Psychiatric Injury
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Discussion Paper On Damages For Psychiatric Injury
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Author : Scottish Law Commission
language : en
Publisher: Stationery Office/Tso
Release Date : 2002-01-01
Discussion Paper On Damages For Psychiatric Injury written by Scottish Law Commission and has been published by Stationery Office/Tso this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-01-01 with Law categories.
This consultation document examines the law of Scotland relating to psychiatric injury caused by another person and proposes recommendations for its reform. It concentrates on cases where the act or omission of the wrongdoer gives rise to psychiatric injury without any physical or other injury. It is not concerned with cases where compensation is regulated by statute, nor with claims arising from breach of contract, except in the area of employment. The document also contains a summary of the law on liability for psychiatric injury in a number of other countries, and a bibliography of books and articles.
Report On Damages For Psychiatric Injury
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Author : Scottish Law Commission
language : en
Publisher:
Release Date : 2004
Report On Damages For Psychiatric Injury written by Scottish Law Commission and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Damages categories.
Following on from a consultation paper published in August 2002 (Discussion paper 120, ISBN 0108880699), this report examines the law in Scotland relating to psychiatric injury caused by another person. It considers the existing law and its defects, and makes recommendations for its reform. It concentrates on cases where the act or omission of the wrongdoer gives rise to mental harm without causing any physical or other injury to the victim. Such claims can arise where people are caught up in serious incidents where they are emerge physically unscathed or where close relatives are killed or injured, or in accidents on roads or due to work-related stress. Recommendations include replacement of the current system of common law rules by a statutory obligation to make reparation for wrongfully caused mental harm. The report includes the text of the proposed draft Bill as an appendix, together with explanatory notes.
Damages For Psychiatric Injuries
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Author : Des Butler
language : en
Publisher: Federation Press
Release Date : 2004
Damages For Psychiatric Injuries written by Des Butler and has been published by Federation Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Health & Fitness categories.
Damages for Psychiatric Injuries offers a critique of liability for psychiatric injury in Australia and England. Author Des Butler examines current day understandings of psychiatric medicine, evaluates the legitimacy of past and current approaches to limiting liability, and examines the policy considerations which promote such limits. Butler also analyses the recommendations of the 2002 Ipp Panel's Review of Negligence in Australia and resulting legislation. Succinct and readable, the book sets out a preferred approach to dealing with claims for psychiatric injuries, which recognises the scientific advances of recent times and reflects good legal reasoning.
Psychiatric Injury
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Author : R. J. P. Kottenhagen
language : en
Publisher: Informa Pub
Release Date : 2001
Psychiatric Injury written by R. J. P. Kottenhagen and has been published by Informa Pub this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Health & Fitness categories.
The recovery of damages for psychiatric injury is a complex area of personal injury law. The difficulties that arise relate to identifying the precise harm to be expressed in a way that enables a lawyer to reach a view on negligence and then arrive at a reasonable figure for compensation. This report studies the question to what extent negligently inflicted psychiatric injury qualifies for damages within the west European legal systems. A survey looks at the French, English, German and Dutch law, as these systems can be considered representative of some of the major western European law families: Roman law, Germanic law and the Common law.
Causing Psychiatric And Emotional Harm
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Author : Harvey Teff
language : en
Publisher: Hart Publishing
Release Date : 2009-01-15
Causing Psychiatric And Emotional Harm written by Harvey Teff and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-15 with Law categories.
This book traces the history of civil liability for mental harm and offers a new legal framework.
Causing Psychiatric And Emotional Harm
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Author : Harvey Teff
language : en
Publisher: Bloomsbury Publishing
Release Date : 2008-12-18
Causing Psychiatric And Emotional Harm written by Harvey Teff and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-12-18 with Law categories.
Though mental harm can be profoundly disabling, the law imposes strict limits on who can recover damages for it. In the absence of physical injury, compensation is not normally available for negligently caused mental suffering, however severe, unless it constitutes a 'recognisable psychiatric illness'. Claimants whose mental trauma stems from injury caused to someone else are subject to arbitrary restrictive liability rules that dispense with established legal principles and cannot be reconciled with scientific advances. The book traces the history of civil liability for mental harm up to the present day. It is argued that the reluctance to provide redress reflects an enduring suspicion of intangible injury and undue fear of proliferating claims. The scale and legal ramifications of the Hillsborough disaster; the emergence of claims arising from work-related stress, and other new categories of claims based mainly on prior relationships between the parties, have all added to a 'floodgates fear' that has intensified due to popular perceptions of a 'compensation culture'. The book contrasts the limited scope for liability under English law with developments in several other jurisdictions. It is argued that statutory reform is needed to achieve greater legal coherence and to provide a remedy that tracks the impact and severity of harm and is not confined to psychiatric disorders. A new legal framework is offered, rooted in reasonable foreseeability of mental or emotional harm, with a liability threshold of 'moderate severity'. To allay concerns about proliferating claims, modifications to the compensatory regime for personal injury are proposed.
Commonwealth Law Bulletin Volume 30
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Author :
language : en
Publisher: Commonwealth Secretariat
Release Date :
Commonwealth Law Bulletin Volume 30 written by and has been published by Commonwealth Secretariat this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.
Tort Liability For Psychiatric Damage
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Author : Nicholas J. Mullany
language : en
Publisher: Lawbook Company
Release Date : 1993
Tort Liability For Psychiatric Damage written by Nicholas J. Mullany and has been published by Lawbook Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Law categories.
Monograph surveying the field of claims for liability in cases of 'nervous shock', a term rejected by the authors, who are Western Australian lawyers. Covers several jurisdictions including Australia, Canada and the United Kingdom. Included are a table of cases, a table of statutes and an index.
The Impact Of Institutions And Professions On Legal Development
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Author : Paul Mitchell
language : en
Publisher: Cambridge University Press
Release Date : 2012
The Impact Of Institutions And Professions On Legal Development written by Paul Mitchell and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Liability (Law) categories.
This three-volume set contains the results of the second and final stage of an AHRC-funded project which aims to examine the nature of legal development in Western Europe since 1850, focusing on liability for fault. By bringing together experts with different disciplinary backgrounds - comparative lawyers and legal historians, all with an understanding of modern tort law in their own systems - and getting them to work collaboratively, the books produce a more nuanced comparative legal history and one which is theoretically ...
First Do No Harm
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Author : Sheila A. M. McLean
language : en
Publisher: Routledge
Release Date : 2016-04-15
First Do No Harm written by Sheila A. M. McLean and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-15 with Law categories.
This collection brings together essays from leading figures in the field of medical law and ethics which address the key issues currently challenging scholars in the field. It has also been compiled as a lasting testimony to the work of one of the most eminent scholars in the area, Professor Ken Mason. The collection marks the academic crowning of a career which has laid one of the foundation stones of an entire discipline. The wide-ranging contents and the standing of the contributors mean that the volume will be an invaluable resource for anyone studying or working in medical law or medical ethics.