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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Damages and Compensation Culture: Comparative Essays

ISBN13: 9781849467971
Published: October 2016
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £75.00

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This collection of essays, based on the papers delivered at a conference on Damages and Compensation Culture: Comparative Tort Law Reform in the 21st Century, hosted by the International Commercial and Economic Law Group at the School of Law, University of Limerick, analyses the relationships between compensation culture, social values and tort damages for personal injuries.

The essays clarify the relationship between tort damages for personal injuries and the social values that the law seeks to reflect and to balance. They critically assess a range of actual and proposed tort reforms in light of how they advance or hinder those values. The role, or lack of role, of perceptions of compensation culture in such developments also features. Both substantive and procedural reform are examined. Contributors from the UK, Australia, Ireland, Canada and continental Europe, including leading authors in the field of compensation culture, provide a range of perspectives.

Personal Injury Law, Remedies and Damages
Part I: General Features of the Relationship between Damages and Compensation Culture
1. 'The Whiplash Capital of the World': Genealogy of a Compensation Myth Ken Oliphant
2. Structural Factors Affecting the Number and Cost of Personal Injury Claims in the Tort System Richard Lewis
3. A Reflexive Approach to Accident Law Reform Erik S Knutsen

Part II: Damages Reform in Various Jurisdictions
4. Reforming English Tort Law: Lessons from Australia James Goudkamp
5. Non-Pecuniary Damages for Personal Injury: A Reflection on the Canadian Experience Jeff Berryman
6. Identifying and Calculating Personal Injury Damages in Ireland, Italy, France and Belgium: Recent Debates between Scholars, Judges and Practitioners Denise Amram

Part III: The Process for Delivery of Damages
7. Deconstructing Policy on Costs and the Compensation Culture Annette Morris
8. Personal Injuries Assessment Board: A Decade of Delivery? Dorothea Dowling
9. An Overview of the Role of Medical Panels in Victorian Legislation Dr Carol A Newlands

Part IV: Compensation and Personal Responsibility
10. Concurrent Fault at 90: A History of Ontario's Negligence Act and Canada's Uniform Contributory Fault Act John C Kleefeld
11. Individualism and Autonomy in Occupiers' Liability and Compensation Culture Desmond Ryan
12. Compensation Culture and Sport Tim O'Connor