Wrongs And Remedies In The Twenty First Century
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Wrongs And Remedies In The Twenty First Century
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Author : Peter Birks
language : en
Publisher:
Release Date : 2023
Wrongs And Remedies In The Twenty First Century written by Peter Birks and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with Negligence categories.
This work brings to the fore a range of issues which are of topical interest to litigators and to teachers of law, which includes the area of personal negligence. The book also presents an overview of tort law in the UK and argues for a complete rethink of the system.
Wrongs And Remedies In The Twenty First Century
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Author : Peter Birks
language : en
Publisher: Oxford University Press
Release Date : 1996
Wrongs And Remedies In The Twenty First Century written by Peter Birks and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Law categories.
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.
Race Wrongs And Remedies
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Author : Amy L. Wax
language : en
Publisher: Rowman & Littlefield Publishers
Release Date : 2009-07-16
Race Wrongs And Remedies written by Amy L. Wax and has been published by Rowman & Littlefield Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-07-16 with Political Science categories.
Black Americans continue to lag behind on many measures of social and economic well-being. Conventional wisdom holds that these inequalities can only be eliminated by eradicating racism and providing well-funded social programs. In Race, Wrongs, and Remedies, Amy L. Wax applies concepts from the law of remedies to show that the conventional wisdom is mistaken. She argues that effectively addressing today's persistent racial disparities requires dispelling the confusion surrounding blacks' own role in achieving equality. The evidence overwhelmingly suggests that discrimination against blacks has dramatically abated. The most important factors now impeding black progress are behavioral: low educational attainment, poor socialization and work habits, drug use, criminality, paternal abandonment, and non-marital childbearing. Although these maladaptive patterns are largely the outgrowth of past discrimination and oppression, they now largely resist correction by government programs or outside interventions. Wax asserts that the black community must solve these problems from within. Self-help, changed habits, and a new cultural outlook are, in fact, the only effective tactics for eliminating the present vestiges of our nation's racist past. Published in cooperation with the Hoover Institution
Race Wrongs And Remedies
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Author : Amy L. Wax
language : en
Publisher: Rowman & Littlefield Publishers
Release Date : 2009
Race Wrongs And Remedies written by Amy L. Wax and has been published by Rowman & Littlefield Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
Black Americans continue to lag behind on many measures of social and economic well-being. Conventional wisdom holds that these inequalities can only be eliminated by eradicating racism and providing well-funded social programs. In Race, Wrongs, and Remedies, Amy L. Wax applies concepts from the law of remedies to show that the conventional wisdom is mistaken. She argues that effectively addressing today's persistent racial disparities requires dispelling the confusion surrounding blacks' own role in achieving equality. The evidence overwhelmingly suggests that discrimination against blacks has dramatically abated. The most important factors now impeding black progress are behavioral: low educational attainment, poor socialization and work habits, drug use, criminality, paternal abandonment, and non-marital childbearing. Although these maladaptive patterns are largely the outgrowth of past discrimination and oppression, they now largely resist correction by government programs or outside interventions. Wax asserts that the black community must solve these problems from within. Self-help, changed habits, and a new cultural outlook are, in fact, the only effective tactics for eliminating the present vestiges of our nation's racist past. Published in cooperation with the Hoover Institution
The Anatomy Of Tort Law
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Author : Peter Cane
language : en
Publisher: Hart Publishing
Release Date : 1997-06-19
The Anatomy Of Tort Law written by Peter Cane and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-06-19 with Law categories.
Written to be accessible to all readers with a basic knowledge of tort law, this book adopts an approach which is both easily comprehended, yet also innovative and illuminating. It sets out a new and theoretically stimulating analysis of the law of tort, in which the subject is reconceived as a system of ethical rules and principles of personal responsibility. As such it can be viewed as a series of relationships between protected interests, sanctioned conduct and sanctions. These are the "building blocks" of tort law. Beyond affording a means of comprehending the fragmentary nature of tort law, the book, equally importantly, seeks to develop understanding of its relationship with other areas of the law of obligations. It also permits clearer understanding of the relationship between common law and statutory torts and throws fresh light on the links between tort law and its functions.
Gain Based Damages
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Author : James Edelman
language : en
Publisher: Bloomsbury Publishing
Release Date : 2002-04-19
Gain Based Damages written by James Edelman and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-04-19 with Law categories.
On July 27,2000 the House of Lords delivered a decision where, for the first time in English law, it explicitly recognised that damages for civil wrongs can be assessed by reference to a defendant (wrongdoer)'s gain rather than a claimant's loss. The circumstances in which such gain-based damages might be available were left for development incrementally. This book considers the nature of gain-based damages and explains when they have historically been available and why, and provides a framework for appreciating the operation of such damages awards. The first part of the book justifies the existence of these damages, which focus upon a defendant wrongdoer's gain made as a result of a civil wrong, explaining the nature and need for such a remedy and the scope of civil wrongs. The core thesis of the book is that two different forms of such gain-based damages exist: the first is concerned with restitution of a defendant's gains wrongfully transferred from a claimant; the second is concerned only with stripping profits from the defendant's hands. Once these two gain-based damages awards are separated they can be shown to be based upon different rationales and the basis for their availability can be easily understood. The second part of the book considers and applies this approach, demonstrating its operation throughout the cases of civil wrongs. The operation of the two forms of gain-based damages is demonstrated in cases in the area of tort (chapter 4), contract (chapter 5), equitable wrongs (chapter 6) and intellectual property wrongs (chapter 7). It is shown that these gain-based damages awards have long been available in these areas and their operation has conformed to clear principle. The difficulty that has obscured the principle is the nomenclature which has hidden the true gain-based nature of many of these damages awards.
Capital In The Twenty First Century
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Author : Thomas Piketty
language : en
Publisher: Harvard University Press
Release Date : 2017-08-14
Capital In The Twenty First Century written by Thomas Piketty and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-14 with Business & Economics categories.
What are the grand dynamics that drive the accumulation and distribution of capital? Questions about the long-term evolution of inequality, the concentration of wealth, and the prospects for economic growth lie at the heart of political economy. But satisfactory answers have been hard to find for lack of adequate data and clear guiding theories. In this work the author analyzes a unique collection of data from twenty countries, ranging as far back as the eighteenth century, to uncover key economic and social patterns. His findings transform debate and set the agenda for the next generation of thought about wealth and inequality. He shows that modern economic growth and the diffusion of knowledge have allowed us to avoid inequalities on the apocalyptic scale predicted by Karl Marx. But we have not modified the deep structures of capital and inequality as much as we thought in the optimistic decades following World War II. The main driver of inequality--the tendency of returns on capital to exceed the rate of economic growth--today threatens to generate extreme inequalities that stir discontent and undermine democratic values if political action is not taken. But economic trends are not acts of God. Political action has curbed dangerous inequalities in the past, the author says, and may do so again. This original work reorients our understanding of economic history and confronts us with sobering lessons for today.
Remedies For Breach Of Contract
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Author : Solène Rowan
language : en
Publisher: Oxford University Press on Demand
Release Date : 2012-01-26
Remedies For Breach Of Contract written by Solène Rowan and has been published by Oxford University Press on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-26 with Law categories.
Presenting a comprehensive and timely examination of remedies for breach of contract, this text analyses and challenges fundamental features of English contract law.
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.
Remedies In Contract And Tort
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Author : Donald Harris
language : en
Publisher: Cambridge University Press
Release Date : 2002-03
Remedies In Contract And Tort written by Donald Harris 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 2002-03 with Law categories.
Remedies is one of the key organizing concepts of the obligations approach to the common law. This second edition modernizes the former 1995 edition quite considerably. It determines the place of remedies in contract and tort within the debate about the reform of the common law obligation.