Author: Kay Wheat
Publisher: Blackstone Press
ISBN:
Category : Law
Languages : en
Pages : 334
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Book Description
The past decade has seen major developments in the law regarding personal injury claims which relate to psychiatric injury. The law is complex and in many respects illogical, and claims for damages for psychiatric conditions can be difficult to pursue. Now in its second edition, and substantially rewritten, Napier and Wheat's Recovering Damages for Psychiatric Injury reviews the legal context in which such claims must be framed. The book concentrates on claims made in negligence and employers' liability, but also examines claims made in contract and in intentional torts. Claims are divided up into the so-called 'shock' cases and non-shock cases, and the author has also included a new chapter on employers' liability with particular focus on 'stress' claims. Two chapters are devoted to the medical aspects of psychiatric injury claims, including Post-Traumatic Stress Disorder. The book contains analyses of the main cases which have shaped the present state of the law and examines some options for reform. The author gives practical advice on how to identify a potential psychiatric injury case, quantum of damages, and procedural steps. This second edition also includes an outline of the Criminal Injuries Compensation Scheme. Aimed primarily at legal practitioners, the book will also be of interest to students and members of the medical profession.
Author: Simone Degeling
Publisher: Cambridge University Press
ISBN: 1139435590
Category : Law
Languages : en
Pages : 316
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Book Description
Rights and obligations can arise, amongst other things, in tort or in unjust enrichment. Simone Degeling deals with the phenomenon whereby a stranger to litigation is entitled to participate in the fruits of that litigation. Two prominent examples of this phenomenon are the carer, entitled to share in the fund of damages recovered by a victim of tort, and the indemnity insurer, entitled to participate in the fruits of the insured's claim against the wrongdoer. Degeling demonstrates that both are rights raised to reverse unjust enrichment. Careful examination of these two categories reveals the existence of a novel policy-motivated unjust factor called the policy against accumulation. Degeling argues that this is an unjust factor of broad application, applying to configurations other than that of the carer and the indemnity insurer. This will interest restitution and tort lawyers, both academic and practitioner, as well as academic institutions and court libraries.
Author: Harvey Teff
Publisher: Bloomsbury Publishing
ISBN: 1847314783
Category : Law
Languages : en
Pages : 228
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Book Description
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.
Author: Charles Mitchell
Publisher: Bloomsbury Publishing
ISBN: 1847315674
Category : Law
Languages : en
Pages : 400
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Book Description
Landmark Cases in the Law of Tort contains thirteen original essays on leading tort cases, ranging from the early nineteenth century to the present day. It is the third volume in a series of collected essays on landmark cases (the previous two volumes having dealt with restitution and contract). The cases examined raise a broad range of important issues across the law of tort, including such diverse areas as acts of state and public nuisance, as well as central questions relating to the tort of negligence. Several of the essays place cases in their historical context in ways that change our understanding of the case's significance. Sometimes the focus is on drawing out previously neglected aspects of cases which have been – undeservedly – assigned minor importance. Other essays explore the judicial methodologies and techniques that worked to shape leading principles of tort law. So much of tort law turns on cases, and there are so many cases, that all but the most recent decisions have a tendency to become reduced to terse propositions of law, so as to keep the subject manageable. This collection shows how important it is, despite the constant temptation to compression, not to lose sight of the contexts and nuances which qualify and illuminate so many leading authorities.
Author: Kay Wheat
Publisher:
ISBN:
Category : Damages
Languages : en
Pages : 287
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Book Description
Author: Ilaria Bottigliero
Publisher: Springer
ISBN: 9401760276
Category : Law
Languages : en
Pages : 320
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Book Description
Paradoxically, victims of ordinary crimes such as fraud, theft or assault, can obtain redress through regular domestic channels, whereas victims of such major atrocities as genocide, war crimes or crimes against humanity, have been left mostly uncompensated. Until recently, a pervasive climate of impunity for international crimes relegated victims to the political and legal periphery. Over the last few years however, the international community has begun to recognize that, just as crimes under international law cannot be considered ordinary crimes, victims of these crimes cannot be considered ordinary victims. In this book, Dr. Bottigliero explores the origins, evolution and practice relating to victims' redress in domestic law, regional and universal human rights regimes, humanitarian law, the law of State responsibility, United Nations practice, and international criminal law including the International Criminal Court. She argues that the international community must now move beyond incomplete and fragmented approaches towards a much more comprehensive redress regime for victims of crimes under international law, and she recommends means by which to enhance the coherence, effectiveness and fairness of victims' redress.
Author: V. H. Harpwood
Publisher: Cavendish Publishing
ISBN: 1843145154
Category : Law
Languages : en
Pages : 530
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Book Description
The sixth edition of this well-liked textbook provides a comprehensive update and a clear analysis of all aspects of the law of tort. Substantially revised since the last edition, this new edition maintains the popular student friendly style that seeks to explain the principles of tort law in an interesting and thought-provoking manner.
Author: Peter Halligan
Publisher: OUP Oxford
ISBN: 0191587214
Category : Medical
Languages : en
Pages : 384
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Book Description
Despite a rich and turbulent history spanning several centuries, malingering continues to be a controversial and neglected clinical condition that has significant implications for medical, social, legal and insurance interests. Estimates of malingering - the wilful, intentional attempt to simulate or exaggerate illness in the pursuit of a consciously desired end - vary greatly, despite the fact that malingering is believed to contribute substantially to fraudulent health care and social welfare costs. There is little consensus about what would constitute a coherent assessment of malingering, and base rates have been difficult to establish. Malingering remains a difficult attribution to make not least since it falls outside the remit of the formal psychiatric classifications. Labelling a person as a malingerer however, has significant medico-legal, personal and economic ramifications for both subject and accuser. Viewed in this way, malingering is not so much illness behaviour in search of a disease, as the manifestation of a conflict between personal and social values. The aim of this book is to effect an integration of the different medical, forensic, neuropsychological, legal and social perspectives. The book provides an overview of progress in disparate fields relevant to the subject, including how recent social and neuroscience findings regarding volition, intentional states and theory of mind may have implications for informing detection, management and ultimately its explanation.
Author: Simon Duckett
Publisher: T.S. Duckett
ISBN: 9780954344405
Category : Victims of crimes
Languages : en
Pages : 506
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Book Description
Author: John Hodgson
Publisher: Oxford University Press
ISBN: 0199287643
Category : Language Arts & Disciplines
Languages : en
Pages : 574
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Book Description
This second edition of Tort Law textbook provides a clear, accessible, and up-to-date introduction to all areas of tort law found in introductory law classes. The text has been extensively revised and re-structured to create an independent textbook resource. End-of-chapter questions, assessment exercises, and chapter summaries, as well as summaries of the key cases referred to throughout the text enable students to test their knowledge and check their understanding of tort law. A companion web site is an additional source of information for students, containing further cases as well as the answers to the end of chapter questions.
