Tort Liability

Tort Liability PDF Author:
Publisher:
ISBN:
Category :
Languages : en
Pages :

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Book Description

Tort Liability

Tort Liability PDF Author:
Publisher:
ISBN:
Category :
Languages : en
Pages :

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Book Description


Principles of Tortuous Liability

Principles of Tortuous Liability PDF Author: Patrick Kimuyu
Publisher: GRIN Verlag
ISBN: 3668575908
Category : Medical
Languages : en
Pages : 13

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Book Description
Research Paper (postgraduate) from the year 2017 in the subject Health - Public Health, grade: 1.6, Egerton University, language: English, abstract: Tortuous liability is applied in healthcare in order to monitor claims and lawsuits arising from medical malpractices and negligence of their staff. Precisely, ‘tort’ refers to wrongful action committed by a person. The remedy to tort is damages, and this forms a part of the law of obligation. Currently, juries doctor program has made the principles of tortuous liability compulsory for their students. In this program, students learn the fundamental elements of tort liability in areas such as breach of duty, causation, negligence and defenses to liability. Tort liability in many healthcare setting is based on the conduct of personnel working at the facility as well as the organization itself. Tort law has mainly two objectives; deterrence and compensation. Seemingly, in 2002, the Australia tort laws went through major changes. Tort laws in Australia are divided into three groups namely; negligence torts, strict liability torts and intentional torts. Negligence torts refer to civil wrongs that occur due to one’s failure in exercising care against risk of known harm. Intentional torts are defined as deliberate action that results to harming a plaintiff. Classical example of intentional tort includes fraud and defamation. Strict liability torts impose accountability on a company that is not guilty of wrongdoing but its activities cause dangerous harm to the society despite taking the appropriate care. According to researchers, reasonable comprehension of tort can aid in minimizing the occurrence of tort liability. Risk managers have a duty of updating all the relevant organizations procedures and policies so as to meet the stipulated legal requirements. Any change in policy must be passed to the organizational staff in order to familiarize them with the incoming changes and probable effect on their daily activities. Therefore, this analysis focuses on the impact of reforms on tort law.

Product Liability and Innovation

Product Liability and Innovation PDF Author: National Academy of Engineering
Publisher: National Academies Press
ISBN: 0309051304
Category : Technology & Engineering
Languages : en
Pages : 214

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Book Description
Product liability is a contentious issue. Proponents argue that American tort law promotes product safety. Manufacturers contend that lawsuits chill new product development. Product Liability and Innovation provides an overview and an engineering perspective on the product liability system. The volume offers studies of selected industries, exploring the effect of product liability on corporate product development decisions and on the creative opportunities and day-to-day work of engineers. The volume addresses the potential liability of the parts or materials supplier and discusses the impact of liability on the availability of insurance. It looks at "junk science" in the courtroom and analyzes opportunities to incorporate into product design what we know about human behavior and risk. The book also looks at current efforts at tort reform and compares U.S. injury claims handling with that of other countries. This volume will be important to policymakers, industrialists, attorneys, product engineers, and individuals concerned about the impact of product liability on the industrial future.

Tort Liability Under Uncertainty

Tort Liability Under Uncertainty PDF Author: Ariel Porat
Publisher: Oxford University Press, USA
ISBN: 9780198267973
Category : Law
Languages : en
Pages : 236

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Book Description
Providing a comprehensive and principled account of the uncertainty problem that arises in tort litigation, this text critically examines the existing doctrinal solutions of the problem, as evolved in England, United States, Canada & Israel.

Liability

Liability PDF Author: Robert E. Litan
Publisher: Brookings Institution Press
ISBN: 0815718446
Category : Business & Economics
Languages : en
Pages : 261

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Book Description
The United States has recently witnessed an explosion of personal injury lawsuits involving medical malpractice, unsafe products, and widespread environmental hazards. Jury awards and out-of-court settlements have escalated in many cases to hundreds of thousands of dollars. At the same time, premiums for liability insurance have skyrocketed. As a result, physicians have cut back services and some municipalities and businesses have been denied liability coverage altogether. Some experts claim that only fundamental reform of the nation's civil justice system will end this "insurance crisis." But critics of such wholesale judicial reform contend that the insurance industry has launced a "tort reform" campaign to cover its own past underwriting mistakes. Liability brings together economists and experts in liability law and the insurance industry to assess the merits of the conflicting positions and to formulate sound public policy. Led by Robert Litan and Clifford Winston, the contributors describe the major changes that have contributed to the insurance crunch and set forth a methodological framework for evaluating the debate over the current liability system. They conclude that increases in premiums and cutbacks in coverage have been real but selective; that the forces in the judicial system responsible for rising liability costs are not readily subject to change; and that we know too little about the cost and benefits of the current tort system to replace it with an alternative compensation program.

Practical Guidelines for Minimizing Tort Liability

Practical Guidelines for Minimizing Tort Liability PDF Author: Russell M. Lewis
Publisher: Transportation Research Board National Research
ISBN:
Category : Law
Languages : en
Pages : 52

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Book Description
Pre- and post-accident actions; trial preparation; loss mitigation program.

Techniques for Reducing Tort Liability

Techniques for Reducing Tort Liability PDF Author: J. W. Hall
Publisher:
ISBN:
Category : Highway law
Languages : en
Pages : 88

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The Economic Effects of the Liability System

The Economic Effects of the Liability System PDF Author: Daniel P. Kessler
Publisher: Hoover Institution Press
ISBN: 9780817959623
Category : Insurance, Liability
Languages : en
Pages : 0

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Book Description


Getting Incentives Right

Getting Incentives Right PDF Author: Robert D. Cooter
Publisher: Princeton University Press
ISBN: 0691173745
Category : Law
Languages : en
Pages : 241

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Book Description
How tort, contract, and restitution law can be reformed to better serve the social good Lawyers, judges, and scholars have long debated whether incentives in tort, contract, and restitution law effectively promote the welfare of society. If these incentives were ideal, tort law would reduce the cost and frequency of accidents, contract law would lubricate transactions, and restitution law would encourage people to benefit others. Unfortunately, the incentives in these laws lead to too many injuries, too little contractual cooperation, and too few unrequested benefits. Getting Incentives Right explains how law might better serve the social good. In tort law, Robert Cooter and Ariel Porat propose that all foreseeable risks should be included when setting standards of care and awarding damages. Failure to do so causes accidents that better legal incentives would avoid. In contract law, they show that making a promise often causes the person who receives it to change behavior and undermine the cooperation between the parties. They recommend several solutions, including a novel contract called "anti-insurance." In restitution law, people who convey unrequested benefits to others are seldom entitled to compensation. Restitution law should compensate them more than it currently does, so that they will provide more unrequested benefits. In these three areas of law, Getting Incentives Right demonstrates that better law can promote the well-being of people by providing better incentives for the private regulation of conduct.

The Economics of U.S. Tort Liability

The Economics of U.S. Tort Liability PDF Author:
Publisher: Congressional Budget Office
ISBN:
Category : Business & Economics
Languages : en
Pages : 52

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Book Description
A CBO Study. Attempts to clarify the issues and policy options surrounding the tort system. Presents an economic perspective on tort liability. Outlines the strengths and weaknesses of tort liability as a tool for promoting economic efficiency and fairness. Discusses the available data on the benefits and costs of the tort system. Analyzes in qualitative terms the likely effects of various policy options for altering the system. Makes no recommendations.