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Preface xiv
List of abbreviations xvii
List of tables xxii
Table of legislation xxiii
Table of cases xxviii
The Issues in Perspective
Introduction: surveying the field 3
Compensation for accidents 3
Natural and human causes 6
The issue 6
Society's 'responsibility' for human causes 8
Protecting reasonable expectations 9
Egalitarianism and the problem of drawing the line 10
Mixed systems in a mixed society 11
Some facts and figures 18
Accidents causing personal injury or death 18
Death and disability from other causes 20
The prevalence of disability 21
The effect of disability on income 21
Distribution and sources of compensation 22
The more serious and the less serious 25
The Tort System in Theory
Fault as a basis of liability 33
The conceptual basis of tort law 33
Negligence as a basis of liability 34
The fault principle 35
Negligence as fault 36
A question of fact? 36
The nature of negligence 40
Probability of harm 42
Likely magnitude of harm 43
The value of the activity and the cost of the precautions needed to avoid harm 45
The function of the negligence formula 46
Foreseeability 47
The objective standard of care 48
Negligence in design and negligence in operation 50
Conduct of the claimant 53
Contributory negligence 54
Volenti non fit injuria 61
Illegality 65
The scope of the tort of negligence 68
The nature of the duty of care 68
Specific duty situations 70
Common situations in which duties of care have been imposed 70
The distinction between acts and omissions 72
Nervous shock 84
Family claims 89
Departures from the fault principle 92
Fault liability and strict liability 92
'Procedural' devices 94
Breach of statutory duty 95
Contractual duties 99
Rylands v. Fletcher, nuisance and animals 100
Joint liability 101
Vicarious liability 102
Products liability 103
Proposals to extend strict liability 105
Dangerous things and activities 105
Railway accidents 106
Ex gratia compensation schemes 107
Vaccine damage 107
HIV 108
Hepatits C 108
Variant CJD 109
Causation and remoteness of damage 110
Introduction 110
Factual causation 111
Proving causation 111
Causing and increasing the risk of harm 112
Omissions 115
Multiple causal factors 116
Limits on the liability of factual causes 118
Legal causation 118
Damage not within the risk 125
Foreseeability again 127
Conclusion 129
Damages for personal injury and death 130
The lump sum: predicting the future 130
Personal injury cases 130
Fatal cases 132
Variation of awards after trial 135
Suitability of lump sums 137
Alternatives to lump sums 139
Full compensation 143
Interest 145
Lost earnings and support 146
Medical and other expenses 149
Full compensation for lost 'earnings': is it justified? 152
The earnings-related principle 152
The hundred-per cent principle 156
Full compensation: the commitment in practice 157
Intangible losses 161
Assessing intangible losses 161
The tariff system 166
Subjective factors 170
Should damages be payable for intangible losses? 171
Overall maxima 173
Punitive damages 173
An appraisal of the fault principle 175
The compensation payable bears no relation to the degree of fault 175
The compensation bears no relation to the means of the tortfeasor 177
A harm-doer may be legally liable without being morally culpable and vice versa 179
Collective liability 179
The objective definition of fault 180
Moral culpability without legal liability 182
The fault principle and popular morality 183
The fault principle pays little attention to the conduct or needs of the victim 183
Justice may require payment of compensation without fault 185
It is often difficult to adjudicate allegations of fault 187
The fault principle contributes to a culture of blaming and discourages people from taking responsibility for their own lives 192
The Tort System in Operation
Claims and claimants 201
Accident victims and tort claimants 201
Cases reaching trial 201
Cases set down for trial 203
Actions commenced 203
All tort claims 204
Why do people (not) make tort claims? 206
Some research findings 206
Alternative remedies 207
Claims consciousness 209
Particular types of claims 214
Road accidents 214
Industrial injuries and illnesses 216
Public liability claims 218
Medical injuries 219
Group claims 221
Tortfeasors and insurers 222
Defendants 222
Individuals as tort defendants 222
Employers and corporations as tort defendants 228
Insurers 233
The nature of liability insurance 234
Some problems of liability insurance 239
First-party insurance for the benefit of others 244
The impact of liability insurance on the law 245
Statutory provisions 245
The impact of insurance on the common law 248
The Motor Insurers' Bureau 255
Trials and settlements 260
The importance of settlements 260
Obtaining legal assistance and financing tort claims 261
The course of negotiations 268
Individual claims 269
Group claims 274
When negotiations break down 278
The time taken to achieve a settlement 281
The amount of compensation 284
Other Compensation Systems
First-party insurance 291
Types of first-party insurance 291
First-party insurance compared with tort liability 295
Compensation for criminal injuries 300
Tort claims 300
Compensation orders 301
Other sources of compensation 303
Criminal injuries compensation scheme 304
Justifications for the Scheme 304
The scope of the scheme 309
Comparison between the CICS and tort liability 316
Administration 324
Claims consciousness 326
The social security system 328
Foundations of the social security system 328
Workers' compensation 328
National insurance 330
The Beveridge Report and the 1946 Acts 331
Developments since 1946 333
The industrial injuries system 338
The scope of the system 338
Accidents and diseases 340
Benefits 342
Administration 351
The tort system and the IIS compared 355
Non-work-related disablement 355
Preferences within State provision for the disabled 356
Income-support benefits 358
Benefits 358
Administration 360
Fraud and abuse 360
Other forms of assistance 363
The taxation system 363
Social services 365
Employment 366
Mobility 369
Housing and residential accommodation 370
Other social services 371
Conclusion 372
The Overall Picture
A plethora of systems 377
The concept of over-compensation 377
The choice of compensation system 378
Subrogation and recoupment 380
Tort damages and other compensation 385
General principles 385
Tort damages and sick pay 387
Tort damages and personal insurance 388
Tort damages and charitable payments 389
Tort damages and social security benefits 390
Criminal injuries compensation 394
The cost of compensation and who pays it 395
The cost of tort compensation 395
Costs not paid through the tort system 402
The cost of social services 402
The cost of the social security system 403
Other sources of compensation 405
Costs in perspective 405
The cost of criminal injuries compensation 406
The functions of compensation systems 408
Compensation 408
Some preliminary questions 408
The meaning of 'compensation' 411
Compensation and compensation systems 414
Distribution of losses 415
What should be distributed? 415
How should it be distributed? 416
The allocation of risks 418
Punishment 419
Corrective justice 421
Vindication or satisfaction 422
Deterrence and prevention 424
Rules and standards of behaviour 425
Accident prevention via insurance 433
General deterrence 439
The basic idea 439
Ascertaining the costs of an accident 442
Allocation of costs to activities 442
Responsiveness of price mechanism 446
Applying general deterrence criteria in practice 448
General deterrence and existing systems 448
An assessment of the value of the general-deterrence approach 453
Conclusions about general deterrence 457
The Future
Accident compensation in the twenty-first century 461
Where we are now and how we got here 461
Basic issues 467
Strict liability or no-fault? 467
Limited or comprehensive reform? 468
Preferential treatment 472
Assessment of compensation 474
Funding 477
Goals of the system 478
Proposals and schemes 484
Road accident schemes 484
Other schemes 487
The way ahead 488
A social welfare solution 488
A private insurance solution 493
Damage to property 495
The role of the insurance industry and the legal profession 496
Index 499
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Add Atiyah's Accidents, Compensation and the Law (The Law in Context Series), Since its first publication, Accidents, Compensation and the Law has been recognised as the leading treatment of the law of personal injuries compensation and the social, political and economic issues surrounding it. The seventh edition of this classic wo, Atiyah's Accidents, Compensation and the Law (The Law in Context Series) to the inventory that you are selling on WonderClubX
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Add Atiyah's Accidents, Compensation and the Law (The Law in Context Series), Since its first publication, Accidents, Compensation and the Law has been recognised as the leading treatment of the law of personal injuries compensation and the social, political and economic issues surrounding it. The seventh edition of this classic wo, Atiyah's Accidents, Compensation and the Law (The Law in Context Series) to your collection on WonderClub |