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Vol 22 No 3 March/April 2017

Book of the Month

Cover of Company Directors: Duties, Liabilities and Remedies

Company Directors: Duties, Liabilities and Remedies

Edited by: Simon Mortimore
Price: £225.00

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The Damages Lottery

ISBN13: 9781901362060
ISBN: 190136206X
Published: May 1997
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback
Price: £17.99
Hardback edition out of print, ISBN13 9781901362053

Low stock.

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.

Tort Law
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.