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The focus of the essays in this book is on the relationship between compensation culture, social values and tort damages for personal injuries. A central concern of the public and political perception of personal injuries claims is the high cost of tort claims to society, reflected in insurance premiums, often accompanied by an assumption that tort law and practice is flawed and improperly raising such costs. The aims of this collection are to first clarify the relationship between tort damages for personal injuries and the social values that the law seeks to reflect and to balance, then to critically assess tort reforms, including both proposals for reform and actual implemented reforms, in light of how they advance or hinder those values. Reforms of substantive and procedural law in respect of personal injury damages are analysed, with perspectives from England and Wales, Canada, Australia, Ireland and continental Europe. The essays offer valuable insights to anyone interested in the reform of tort law or the tort process in respect of personal injuries.>
Table des matières
Part I: General Features of the Relationship betweenDamages and Compensation Culture1. 'The Whiplash Capital of the World': Genealogy of a Compensation Myth
Ken Oliphant2. Structural Factors Affecting the Number and Cost of Personal Injury Claims in the Tort System
Richard Lewis3. A Reflexive Approach to Accident Law Reform
Erik S KnutsenPart II: Damages Reform in Various Jurisdictions4. Reforming English Tort Law: Lessons from Australia
James Goudkamp5. Non-Pecuniary Damages for Personal Injury: A Reflection on the Canadian Experience
Jeff Berryman6. Identifying and Calculating Personal Injury Damages in Ireland, Italy, France and Belgium: Recent Debates between Scholars, Judges and Practitioners
Denise AmramPart III: The Process for Delivery of Damages7. Deconstructing Policy on Costs and the Compensation Culture
Annette Morris8. Personal Injuries Assessment Board: A Decade of Delivery?
Dorothea Dowling9. An Overview of the Role of Medical Panels in Victorian Legislation
Dr Carol A NewlandsPart IV: Compensation and Personal Responsibility10. Concurrent Fault at 90: A History of Ontario's Negligence Act and Canada's Uniform Contributory Fault Act
John C Kleefeld11. Individualism and Autonomy in Occupiers' Liability and Compensation Culture
Desmond Ryan12. Compensation Culture and Sport
Tim O'Connor
A propos de l'auteur
Eoin Quill is a Senior Lecturer in the School of Law at the University of Limerick and a fellow of the European Centre of Tort and Insurance Law (ECTIL) in Vienna.
Raymond J Friel is a Senior Lecturer and Director of the International Commercial and Economic Law Group in the School of Law at the University of Limerick.
Résumé
The focus of the essays in this book is on the relationship between compensation culture, social values and tort damages for personal injuries. A central concern of the public and political perception of personal injuries claims is the high cost of tort claims to society, reflected in insurance premiums, often accompanied by an assumption that tort law and practice is flawed and improperly raising such costs. The aims of this collection are to first clarify the relationship between tort damages for personal injuries and the social values that the law seeks to reflect and to balance, then to critically assess tort reforms, including both proposals for reform and actual implemented reforms, in light of how they advance or hinder those values. Reforms of substantive and procedural law in respect of personal injury damages are analysed, with perspectives from England and Wales, Canada, Australia, Ireland and continental Europe. The essays offer valuable insights to anyone interested in the reform of tort law or the tort process in respect of personal injuries.
Préface
A study of the topical subject of damages and compensation culture in the UK, Australia, Ireland, Canada and Continental Europe.
Texte suppl.
Damages and Compensation Culture is a highly informative book, and one that tackles a topic that has so far attracted little academic attention... a valuable contribution to the ongoing public debate about compensation culture and the recoverability of damages for personal injuries.
