Damages and compensation culture: comparative perspectives

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 personalinjuries.

Titre de l'écran-titre (visionné le 31 mars 2017).

In Bloomsbury collections.

"This book presents a collection of papers from a conference entitled 'Compensation Culture--Comparative Tort Law Reform in the 21st Century' held at the University of Limerick on 23-24 May 2014"--Introduction

"The whiplash capital of the world" : genealogy of a compensation myth / Ken Oliphant -- Structural factors affecting the number and cost of personal injury claims in the tort system / Richard Lewis -- A reflexive approach to accident law reform / Erik S. Knutsen -- Reforming English tort law : lessons from Australia / James Goudkamp -- Non-pecuniary damages for personal injury : a reflection on the Canadian experience / Jeff Berryman -- Identifying and calculating personal injury damages in Ireland, Italy, France, and Belgium : recent debates between scholars, judges, and practitioners / Denise Amram -- Deconstructing policy on costs and the compensation culture / Annette Morris -- Personal injuries assessment board : a decade of delivery? / Dorothea Dowling -- An overview of the role of medical panels in Victorian legislation / Dr. Carol A. Newlands -- Concurrent fault at 90 : a history of Ontario's Negligence Act and Canada's Uniform Contributory Fault Act / John C Kleefeld -- Individualism and autonomy in occupiers liability and compensation culture / Desmond Ryan -- Compensation culture and sport / Tim O'Connor.