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Atiyah's Accidents, Compensation And The Law
''Atiyah's Accidents, Compensation and the Law'' (2006) is a legal text, which marked the first of Cambridge University Press's "Law in Context" series. It was originally authored by English legal scholar, Patrick Atiyah in 1970 and has been taken over by Professor Peter Cane since the 4th edition in 1987. The thrust of the book is that the law of tort should be abolished, especially as relates to the law on personal injuries, and should be replaced with a no fault state compensation system. Its arguments are in tune with the establishment in the 1970s of such a system in New Zealand, with the Accident Compensation Commission. After handing over the book, Atiyah changed his mind, and wrote '' The Damages Lottery'' (1997) where instead of a state run system, he advocated abolition of tort and that people should buy personal safety insurance. Professor Cane, however has kept ''Atiyah's Accidents'' in line with the title's original thesis. Criticism of the fault principle One of th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cambridge University Press
Cambridge University Press is the university press of the University of Cambridge. Granted letters patent by Henry VIII of England, King Henry VIII in 1534, it is the oldest university press A university press is an academic publishing house specializing in monographs and scholarly journals. Most are nonprofit organizations and an integral component of a large research university. They publish work that has been reviewed by schola ... in the world. It is also the King's Printer. Cambridge University Press is a department of the University of Cambridge and is both an academic and educational publisher. It became part of Cambridge University Press & Assessment, following a merger with Cambridge Assessment in 2021. With a global sales presence, publishing hubs, and offices in more than 40 Country, countries, it publishes over 50,000 titles by authors from over 100 countries. Its publishing includes more than 380 academic journals, monographs, reference works, school and uni ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patrick Atiyah
Patrick Selim Atiyah, (5 March 1931 – 30 March 2018) was an English lawyer and academic. He was best known for his work as a common lawyer, particularly in the law of contract and for advocating reformation or abolition of the law of tort. He was made a Fellow of the British Academy in 1979. Biography Patrick Selim Atiyah was born on 5 March 1931. He was a son of the Lebanese writer Edward Atiyah and his Scottish wife Jean. The mathematician Sir Michael Atiyah was his brother. As a child, Patrick lived in Sudan and Egypt. The family moved to England in 1945. Patrick attended primary school at Woking County Grammar School for Boys and went on to read law at Magdalen College, Oxford. Atiyah was professor of law at the Australian National University (1970–1973), at the University of Warwick (1973–1977) and professor of English law at the University of Oxford (1977–1988). He also was visiting Professor of Law at Harvard Law School (1982-1983). He died on 30 March 2018 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tort
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictions derive their tort law from cus ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Accident Compensation Commission
The Accident Compensation Corporation (ACC) ( mi, Te Kaporeihana Āwhina Hunga Whara) is the New Zealand Crown entity responsible for administering the country's no-fault accidental injury compensation scheme, commonly referred to as the ACC scheme. The scheme provides financial compensation and support to citizens, residents, and temporary visitors who have suffered personal injuries. The corporation was founded as the Accident Compensation Commission on 1 April 1974 as a result of the Accident Compensation Act 1972. Its principal governing act today is the Accident Compensation Act 2001. As a Crown entity, ACC is governed by a board that is responsible to the Minister for ACC. Unlike most other Crown entities, it has its own dedicated ministerial portfolio, which since July 2020 has been held by Carmel Sepuloni. History The ACC has its origins in the Workers' Compensation for Accidents Act 1900, which established a limited compensation scheme for workers who had suffered injur ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Damages Lottery
''The'' () is a grammatical article in English, denoting persons or things already mentioned, under discussion, implied or otherwise presumed familiar to listeners, readers, or speakers. It is the definite article in English. ''The'' is the most frequently used word in the English language; studies and analyses of texts have found it to account for seven percent of all printed English-language words. It is derived from gendered articles in Old English which combined in Middle English and now has a single form used with pronouns of any gender. The word can be used with both singular and plural nouns, and with a noun that starts with any letter. This is different from many other languages, which have different forms of the definite article for different genders or numbers. Pronunciation In most dialects, "the" is pronounced as (with the voiced dental fricative followed by a schwa) when followed by a consonant sound, and as (homophone of pronoun ''thee'') when followed by a v ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fault Principle
Fault commonly refers to: *Fault (geology), planar rock fractures showing evidence of relative movement *Fault (law), blameworthiness or responsibility Fault(s) may also refer to: Arts, entertainment, and media * "Fault", a song by Taproot from ''Welcome'' * ''Faults'' (film), 2014 Science and technology *Fault (computing), also called a ''trap'' or an ''exception'', a type of interrupt in software or operating systems *Fault (technology), an abnormal condition or defect that may lead to a failure *Electrical fault, an abnormal current Sport and competition *Fault (breeding), an undesirable aspect of structure or appearance of an animal *Fault, in pickleball, any infringement of the rules by a player *Fault, in show jumping, a penalty *Fault, in tennis jargon, a serve that fails to place a tennis ball in the correct area of play See also *Blame *Defect (other) *Error *Mistake (other) *Software bug A software bug is an error, flaw or fault in the des ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Claimant
A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order (e.g., an order for damages). "Plaintiff" is the term used in civil cases in most English-speaking jurisdictions, the notable exceptions being England and Wales, where a plaintiff has, since the introduction of the Civil Procedure Rules in 1999, been known as a "claimant" and Scotland, where the party has always been known as the "pursuer". In criminal cases, the prosecutor brings the case against the defendant, but the key complaining party is often called the "complainant". In some jurisdictions, a lawsuit is commenced by filing a summons, claim form or a complaint. These documents are known as pleadings, that set forth the alleged wrongs committed by the defendant or defendants with a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdiction to another. In Scots law, the terms "accused" or "panel" are used instead in criminal proceedings and "defender" in civil proceedings. Another term in use is "respondent". Criminal defendants In a criminal trial, a defendant is a person accused ( charged) of committing an offense (a crime; an act defined as punishable under criminal law). The other party to a criminal trial is usually a public prosecutor, but in some jurisdictions, private prosecutions are allowed. Criminal defendants are often taken into custody by police and brought before a court under an arrest warrant. Criminal defendants are usually obliged to post bail before being released from custody. For serious cases, such as murder, bail may be refused. Defendants must ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Vicarious Liability
Vicarious liability is a form of a strict, secondary liability that arises under the common law doctrine of agency, ''respondeat superior'', the responsibility of the superior for the acts of their subordinate or, in a broader sense, the responsibility of any third party that had the "right, ability or duty to control" the activities of a violator. It can be distinguished from contributory liability, another form of secondary liability, which is rooted in the tort theory of enterprise liability because, unlike contributory infringement, knowledge is not an element of vicarious liability. The law has developed the view that some relationships by their nature require the person who engages others to accept responsibility for the wrongdoing of those others. The most important such relationship for practical purposes is that of employer and employee. Employers' liability Employers are vicariously liable, under the ''respondeat superior'' doctrine, for negligent acts or omission ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Liability Insurance
Liability insurance (also called third-party insurance) is a part of the general insurance system of risk financing to protect the purchaser (the "insured") from the risks of liabilities imposed by lawsuits and similar claims and protects the insured if the purchaser is sued for claims that come within the coverage of the insurance policy. Originally, individual companies that faced a common ''peril'' formed a group and created a self-help fund out of which to pay compensation should any member incur loss (in other words, a mutual insurance arrangement). The modern system relies on dedicated carriers, usually for-profit, to offer protection against specified perils in consideration of a premium. Liability insurance is designed to offer specific protection against third-party insurance claims, i.e., payment is not typically made to the insured, but rather to someone suffering loss who is not a party to the insurance contract. In general, damage caused intentionally as well as c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nettleship V , English Court of Appeal judgment
{{surname, Nettleship ...
Nettleship is a surname. Notable people with this surname include: *Ada Nettleship (1856-1932), British dressmaker and costume designer *Edward Nettleship (1845–1913), English ophthalmologist *Henry Nettleship (1839–1893), English classical scholar. *Ida Nettleship (1877–1907), English artist *John Nettleship (1939–2011), British schoolteacher of chemistry *John Trivett Nettleship (1841–1902), English artist * R. L. Nettleship (1846–1892), English philosopher See also * Thomas Nettleship Staley, British bishop * Nettleship–Falls syndrome, an ocular disorder *Nettleship v Weston ''Nettleship v Weston'' 9712 QB 691 is an English Court of Appeal judgment dealing with the breach of duty in negligence claims. In this case the court had considered the question of the standard of care that should be applied to a learner driver ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bolton V
Bolton (, locally ) is a large town in Greater Manchester in North West England, formerly a part of Lancashire. A former mill town, Bolton has been a production centre for textiles since Flemish weavers settled in the area in the 14th century, introducing a wool and cotton-weaving tradition. The urbanisation and development of the town largely coincided with the introduction of textile manufacture during the Industrial Revolution. Bolton was a 19th-century boomtown and, at its zenith in 1929, its 216 cotton mills and 26 bleaching and dyeing works made it one of the largest and most productive centres of cotton spinning in the world. The British cotton industry declined sharply after the First World War and, by the 1980s, cotton manufacture had virtually ceased in Bolton. Close to the West Pennine Moors, Bolton is north-west of Manchester and lies between Manchester, Darwen, Blackburn, Chorley, Bury and Salford. It is surrounded by several neighbouring towns and v ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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