A Company's Right to Damages for Non-Pecuniary Loss

A Company's Right to Damages for Non-Pecuniary Loss PDF Author: Vanessa Wilcox
Publisher: Cambridge University Press
ISBN: 1107139279
Category : Business & Economics
Languages : en
Pages : 227

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Book Description
This detailed examination explores the extent to which non-pecuniary damages can properly be awarded to companies.

A Company's Right to Damages for Non-Pecuniary Loss

A Company's Right to Damages for Non-Pecuniary Loss PDF Author: Vanessa Wilcox
Publisher: Cambridge University Press
ISBN: 1107139279
Category : Business & Economics
Languages : en
Pages : 227

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Book Description
This detailed examination explores the extent to which non-pecuniary damages can properly be awarded to companies.

Essays in Honour of Jaap Spier

Essays in Honour of Jaap Spier PDF Author: Helmut Koziol
Publisher:
ISBN: 9783709701010
Category : Accident law
Languages : en
Pages : 325

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Book Description


Personal Injury Damages in Canada

Personal Injury Damages in Canada PDF Author: Kenneth D. Cooper-Stephenson
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 828

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Book Description


Japanese Law

Japanese Law PDF Author: Hiroshi Oda
Publisher: Oxford University Press
ISBN: 0192640798
Category : Law
Languages : en
Pages : 512

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Book Description
This book offers an up-to-date and comprehensive reference to Japanese law with a primary focus on private law, including commercial and business-related laws such as corporate law, contract law, and competition law. It also covers a wide range of related topics, such as the protection of human rights, systems of dispute settlement, and criminal law and procedure. Fully updated and revised, this fourth edition expands on the major reforms and substantial changes Japanese law has gone through since the 1990s and analyses the successes and failures of implemented changes in light of developments since the third edition (2009), by referring to new amendments, judgements, and Supreme Court cases. Providing clear guidance and detailed analysis to help demystify Japanese law, this book is an essential reference work for all who have an interest in Japanese law.

Damages and Human Rights

Damages and Human Rights PDF Author: Jason NE Varuhas
Publisher: Bloomsbury Publishing
ISBN: 1782252800
Category : Law
Languages : en
Pages : 553

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Book Description
Winner of the 2018 Inner Temple New Authors Book Prize and the 2016 SLS Peter Birks Prize for Outstanding Legal Scholarship. Damages and Human Rights is a major work on awards of damages for violations of human rights that will be of compelling interest to practitioners, judges and academics alike. Damages for breaches of human rights is emerging as an important and practically significant field of law, yet the rules and principles governing such awards and their theoretical foundations remain underexplored, while courts continue to struggle to articulate a coherent law of human rights damages. The book's focus is English law, but it draws heavily on comparative material from a range of common law jurisdictions, as well as the jurisprudence of international courts. The current law on when damages can be obtained and how they are assessed is set out in detail and analysed comprehensively. The theoretical foundations of human rights damages are examined with a view to enhancing our understanding of the remedy and resolving the currently troubled state of human rights damages jurisprudence. The book argues that in awarding damages in human rights cases the courts should adopt a vindicatory approach, modelled on those rules and principles applied in tort cases when basic rights are violated. Other approaches are considered in detail, including the current 'mirror' approach which ties the domestic approach to damages to the European Court of Human Rights' approach to monetary compensation; an interest-balancing approach where the damages are dependent on a judicial balancing of individual and public interests; and approaches drawn from the law of state liability in EU law and United States constitutional law. The analysis has important implications for our understanding of fundamental issues including the interrelationship between public law and private law, the theoretical and conceptual foundations of human rights law and the law of torts, the nature and functions of the damages remedy, the connection between rights and remedies, the intersection of domestic and international law, and the impact of damages liability on public funds and public administration. The book was the winner of the 2016 SLS Peter Birks Prize for Outstanding Legal Scholarship and the 2018 Inner Temple New Authors Book Prize.

Guidelines Manual

Guidelines Manual PDF Author: United States Sentencing Commission
Publisher:
ISBN:
Category : Sentences (Criminal procedure)
Languages : en
Pages : 456

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Book Description


Causation in European Tort Law

Causation in European Tort Law PDF Author: Marta Infantino
Publisher: Cambridge University Press
ISBN: 1108418368
Category : Law
Languages : en
Pages : 785

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Book Description
This book takes an original and comparative approach to issues of causation in tort law across many European legal systems.

Rights and Private Law

Rights and Private Law PDF Author: Donal Nolan
Publisher: Bloomsbury Publishing
ISBN: 1847318525
Category : Law
Languages : en
Pages : 682

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Book Description
In recent years a strand of thinking has developed in private law scholarship which has come to be known as 'rights' or 'rights-based' analysis. Rights analysis seeks to develop an understanding of private law obligations that is driven, primarily or exclusively, by the recognition of the rights we have against each other, rather than by other influences on private law, such as the pursuit of community welfare goals. Notions of rights are also assuming greater importance in private law in other respects. Human rights instruments are having an increasing influence on private law doctrines. And in the law of unjust enrichment, an important debate has recently begun on the relationship between restitution of rights and restitution of value. This collection is a significant contribution to debate about the role of rights in private law. It includes essays by leading private law scholars addressing fundamental questions about the role of rights in private law as a whole and within particular areas of private law. The collection includes contributions by advocates and critics of rights-based approaches and provides a thorough and balanced analysis of the relationship between rights and private law.

The Damages Lottery

The Damages Lottery PDF Author: P.S. Atiyah
Publisher: Bloomsbury Publishing
ISBN: 1847314279
Category : Law
Languages : en
Pages : 218

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Book Description
A man slips on a dance floor and breaks his leg. He recovers damages. A child has both legs amputated as a result of meningitis and is awarded nothing. The law's justification for awarding damages in the first case is that the man's injury was the fault of someone else, while in the second case damages are denied because nobody was at fault. In this searching critique of the present law and practice relating to damages, Professor Patrick Atiyah shows that this system is in fact a lottery. He contends that the public are paying far too much for an unfair and inefficient insurance system and that reform is long overdue. His conclusion is that actions for damages for injuries should be abolished and replaced with a new no-fault road accident scheme, and actions for other injuries should be dealt with by individual or group insurance policies.

Atiyah's Accidents, Compensation and the Law

Atiyah's Accidents, Compensation and the Law PDF Author: Peter Cane
Publisher:
ISBN: 9780511556630
Category : Accident law
Languages : en
Pages : 514

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Book Description
A classic treatment of the law relating to compensation for personal injuries, this edition discusses the relevant legal rules as well as the social, political and economic issues underlying the law.