Tort Law in the United States

Tort Law in the United States PDF Author: H. Beau Baez III
Publisher: Kluwer Law International B.V.
ISBN: 9403527544
Category : Law
Languages : en
Pages : 271

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Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in the United States. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights on a worldwide scale. Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers in the United States. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.

State Liability

State Liability PDF Author: Giuseppe Dari-Mattiacci
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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Book Description
Should states be liable towards individuals for failure to provide justice, good roads or timely administrative decisions? In this paper, we show that state liability can serve three different purposes, none of which implies that the state should be liable in tort, unless other specific conditions are met. One purpose is to provide incentives for state agencies and private individuals to act efficiently. Here, the effectiveness of liability depends on the channeling of incentives down the chain of command to the acting state employee. The second purpose of state liability is to remove incentives for private parties, when these incentives are distorted, as when compensating for wrongful conviction. The third aim of state liability is to allow a higher level of the administration to monitor the behavior of a lower level. In this case, the judicial system and private parties are means towards the end of generating information about wrongful behavior by public bodies and agencies. Within this framework, we discuss substantive and procedural aspects of state liability in torts. We provide an economic argument for court specialization in administrative law and explain why the different solutions around the world could be appropriate under local determinants.

Tort Law in the United States

Tort Law in the United States PDF Author: H. Beau Baez III
Publisher: Kluwer Law International B.V.
ISBN: 9403527544
Category : Law
Languages : en
Pages : 271

Get Book Here

Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in the United States. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights on a worldwide scale. Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers in the United States. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.

State Liability in Tort

State Liability in Tort PDF Author: Duncan Fairgrieve
Publisher: Oxford University Press on Demand
ISBN: 9780199258055
Category : Language Arts & Disciplines
Languages : en
Pages : 354

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Book Description
This book examines the topical sphere of governmental liability in damages arguing that that there has been an important shift in the traditional English law approach as illustrated in a series of recent House of Lords decisions. A detailed analysis is made of the torts applying to publicbodies, including negligence, misfeasance in public office, nuisance and breach of statutory duty, as well as the influence of European human rights law and community law, with discussion of the availability of damages under the Human Rights Act 1998 and the impact of the controversial decision ofthe European Court of Human Rights in Osman v UK and the subsequent retreat in Z v UK. The discussion of state liability is also placed within the context of the evolving attitude of the courts to public law remedies, with a detailed reconsideration of the relationship between ultra vires andliability in damages. From a comparative law perspective, it is argued that contrary to orthodox doctrinal opinion there are many similarities in the English and French law of administrative liability, with parallels in the treatment of different types of loss, causation, finding of fault, andunderlying policy concerns. The author discusses the direction in which English law might now move, as well as analysing less orthodox sources of compensation such as the practice of the ombudsmen and statutory funds including the new French medical negligence compensation scheme.

State Liability in India

State Liability in India PDF Author: Gyan Prakash Verma
Publisher: Deep and Deep Publications
ISBN: 9788171005055
Category : Government liability
Languages : en
Pages : 454

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Book Description


Civil Practice and Remedies Code

Civil Practice and Remedies Code PDF Author: Texas
Publisher:
ISBN:
Category : Civil procedure
Languages : en
Pages :

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Book Description


Governmental Tort Liability

Governmental Tort Liability PDF Author: Donald D. Barry
Publisher: Brill Archive
ISBN: 9789021892405
Category : Law
Languages : en
Pages : 342

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Book Description
Comparison of socialist jurisprudence concerning the violation by governmental organs of legal liabilitys in the USSR, Bulgaria, Czechoslovakia, Hungary, Poland, Romania and Yugoslavia - comments on the historical background to legislation on tort, the liability of public enterprises, civil servants and public administration, includes legal aspects of ownership in collective economies and covers the relationship of tort law to social security, etc. References.

Tort Law Desk Reference: A Fifty-State Compendium, 2022 Edition (IL)

Tort Law Desk Reference: A Fifty-State Compendium, 2022 Edition (IL) PDF Author: Daller, Daller
Publisher: Wolters Kluwer Law & Business
ISBN: 1543837735
Category :
Languages : en
Pages : 1426

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Book Description
Tort Law Desk Reference Whether you are confronted with multi-state tort litigation, have the opportunity to litigate a tort case in one of several states, or must initiate or defend a case in an unfamiliar jurisdiction, Tort Law Desk Reference quickly gives you the information you need about the tort laws of each state. With succinct summaries of laws and citations to controlling statutes and case law, this indispensable guidebook answers vital questions about each state's tort laws, such as: Is the claim or lawsuit barred in the jurisdiction where it was filed? Does a "no-fault" statute limit the right to recovery? Do joint liability provisions require a minimally liable defendant to pay the entire judgment? If there is no breach of contract or breach of warranty claim, is a fraud and misrepresentation claim viable? Under what circumstances can a trespasser recover against a property owner? And much more You'll be able to quickly determine available causes of action, realistic defenses, and permissible damages...and you'll have at your fingertips current and leading citations necessary for more detailed research of specific issues. No other resource simplifies the process for making critical tort litigation choices like Tort Law Desk Reference. It's the only single volume book that expertly digests the many significant provisions of every state's tort law in a clearly organized and uniform format. State-by-state, you get up-to-date coverage of statutes and case law covering "No-fault" limitations The standard for negligence Causation Res ipsa loquitur and ultra-hazardous activities Negligence per se Indemnity Bar of workers' compensation statute Premises liability Dram shop liability Economic loss Fraud and misrepresentation Wrongful death Attorney's fees State Laws Included: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming.

Tort Liability Today

Tort Liability Today PDF Author: John C. Pine
Publisher:
ISBN:
Category : Government liability
Languages : en
Pages : 48

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Book Description


Tort Law Desk Reference: A Fifty-State Compendium, 2020 Edition

Tort Law Desk Reference: A Fifty-State Compendium, 2020 Edition PDF Author: Daller, Daller
Publisher: Wolters Kluwer
ISBN: 1543811949
Category :
Languages : en
Pages : 1402

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Book Description
Tort Law Desk Reference Whether you are confronted with multi-state tort litigation, have the opportunity to litigate a tort case in one of several states, or must initiate or defend a case in an unfamiliar jurisdiction, Tort Law Desk Reference quickly gives you the information you need about the tort laws of each state. With succinct summaries of laws and citations to controlling statutes and case law, this indispensable guidebook answers vital questions about each state's tort laws, such as: Is the claim or lawsuit barred in the jurisdiction where it was filed? Does a "no-fault" statute limit the right to recovery? Do joint liability provisions require a minimally liable defendant to pay the entire judgment? If there is no breach of contract or breach of warranty claim, is a fraud and misrepresentation claim viable? Under what circumstances can a trespasser recover against a property owner? And much more You'll be able to quickly determine available causes of action, realistic defenses, and permissible damages...and you'll have at your fingertips current and leading citations necessary for more detailed research of specific issues. No other resource simplifies the process for making critical tort litigation choices like Tort Law Desk Reference. It's the only single volume book that expertly digests the many significant provisions of every state's tort law in a clearly organized and uniform format. State-by-state, you get up-to-date coverage of statutes and case law covering "No-fault" limitations The standard for negligence Causation Res ipsa loquitur and ultra-hazardous activities Negligence per se Indemnity Bar of workers' compensation statute Premises liability Dram shop liability Economic loss Fraud and misrepresentation Wrongful death Attorney's fees Previous Edition: Tort Law Desk Reference: A Fifty State Compendium, 2019 Edition, ISBN: 9781543811247

Tort Law Desk Reference: A Fifty-State Compendium, 2021 Edition

Tort Law Desk Reference: A Fifty-State Compendium, 2021 Edition PDF Author: Daller, Daller
Publisher: Wolters Kluwer
ISBN: 1543819338
Category :
Languages : en
Pages : 1412

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Book Description
Tort Law Desk Reference Whether you are confronted with multi-state tort litigation, have the opportunity to litigate a tort case in one of several states, or must initiate or defend a case in an unfamiliar jurisdiction, Tort Law Desk Reference quickly gives you the information you need about the tort laws of each state. With succinct summaries of laws and citations to controlling statutes and case law, this indispensable guidebook answers vital questions about each state's tort laws, such as: Is the claim or lawsuit barred in the jurisdiction where it was filed? Does a "no-fault" statute limit the right to recovery? Do joint liability provisions require a minimally liable defendant to pay the entire judgment? If there is no breach of contract or breach of warranty claim, is a fraud and misrepresentation claim viable? Under what circumstances can a trespasser recover against a property owner? And much more You'll be able to quickly determine available causes of action, realistic defenses, and permissible damages...and you'll have at your fingertips current and leading citations necessary for more detailed research of specific issues. No other resource simplifies the process for making critical tort litigation choices like Tort Law Desk Reference. It's the only single volume book that expertly digests the many significant provisions of every state's tort law in a clearly organized and uniform format. State-by-state, you get up-to-date coverage of statutes and case law covering "No-fault" limitations The standard for negligence Causation Res ipsa loquitur and ultra-hazardous activities Negligence per se Indemnity Bar of workers' compensation statute Premises liability Dram shop liability Economic loss Fraud and misrepresentation Wrongful death Attorney's fees Previous Edition: Tort Law Desk Reference: A Fifty State Compendium, 2020 Mid-Year Edition, ISBN: 9781543819328 State Laws Included: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming. Note: Online subscriptions are for three-month periods.