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Vol 23 No 6 June/July 2018

Book of the Month

Cover of Drafting Commercial Agreements

Drafting Commercial Agreements

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Data protection handbook

The Damages Lottery

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ISBN13: 9781901362053
ISBN: 1901362051
Published: May 1997
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: Out of print
Paperback edition , ISBN13 9781901362060

A man slips on the dancefloor 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.

This critique of the present law and practice relating to damages, shows that the damages system is in fact a lottery. It contends that the public are paying far too much for an unfair and inefficient insurance system, and that reform is long overdue. The book concludes that actions for damages for injuries should be abolished and replaced with a new no-fault road accident scheme, and actions for injuries should be dealt with by individual or group insurance policies.

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Part 1: the law of negligence; strict liability; intentional torts; liability for how much?; who pays?; suing and settlements; legal aid and ""no win, no fee"" cases.
Part 2: stretching the concept of fault; stretching the law where the defendant is not solely to blame; stretching the rules of causation; stretching the kinds of injury you can claim damages for.
Part 3: stretching the damages which can be awarded; stretching the number of people you can sue; more stretching of the people you can sue - public authorities; has the stretching gone too far?.
Part 4: claims for personal injuries; road accidents; industrial accidents.
Part 5: the guilty parties do not pay; the public pays; the consequences of recognising that the public pay; the insurance companies; who pays in contractual cases?.
Part 6: the law encourages the blame culture; the system is a lottery; the system is inefficient; how have we got into this mess?.
Part 7: punishment and deterrence; economic considerations; public accountability.
Part 8: a new look at the whole system of civil liability; personal injuries - some dead ends; the way ahead - road accidents; the way ahead - other accidents and injuries.