Skada, kränkningar och kompensation

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2 250 produkter

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Skadeståndsrätt
AvJan Hellner,Marcus Radetzki
Häftad, Svenska, 2023
4,0 utav 5 stjärnor. Totalt antal röster:(1)
707 kr
Skickas
Detta är en ny upplaga av ett standardverk på skadeståndsrättens område som tidigare utkommit i elva upplagor, den senaste 2021. Framställningen är omarbetad med hänsyn till lagändringar och nytillkommen rättspraxis.

Tyngdpunkten ligger på reglerna om person- och sakskada. Boken behandlar utförligt de grundläggande förutsättningarna för skadeståndsansvar, principerna för beräkning av skadeståndet samt förekommande möjligheter till jämkning härav. Särskilda kapitel ägnas de skadetyper som är föremål för specialreglering, däribland trafikskador, arbetsskador, patientskador, produktskador och miljöskador.

Boken är avsedd att nyttjas dels som lärobok vid universitet och högskola, dels som handbok för praktiskt verksamma jurister.
Produktansvaret : en översikt
AvBertil Bengtsson,Harald Ullman
Häftad, Svenska, 2022
243 kr
Skickas
Den så kallade produktansvarslagen föreskriver ett strängare ansvar än vad som följer av de allmänna reglerna i skadeståndslagen – ansvaret är på många punkter strikt. Denna bok ger en översikt av reglerna om produktansvar, d.v.s. ansvar för sådan skada som levererad vara orsakar på en person eller annan egendom än den levererade. En översikt görs även av ansvarsregler i kommersiella standardavtal, av försäkringslösningar av olika slag samt av lagstiftningen rörande produktsäkerhet.
Introduction to Coping with Brain Injury
AvNigel S. King
Häftad, Engelska, 2023
74 kr
Skickas inom 5-8 vardagar
Just the facts for coping with the after-effects of a brain injuryAcquired Brain Injury (ABI) usually refers to people who have suffered a head injury or stroke but also includes those who have had brain tumours, an anoxic injury (where the brain has been starved of oxygen) or brain illnesses like encephalitis and meningitis. After an ABI, the brain undergoes a very slow healing process before improvements slow down and eventually plateau. This is different to other forms of brain conditions where the journey is more of a deteriorating one over time.ABI is commonly called 'a hidden disability' as it can easily be missed or misunderstood by others. Also it can significantly affect those close to the person and therefore it is frequently called 'a family affair' too. As the issues are often hidden, complicated and affect patients and families alike, this book can act as a roadmap to help you and your loved ones navigate through the complex and often unexpected challenges that can arise following a brain injury, using:- Cognitive rehabilitation approaches to understand and manage changes in our thinking abilities- Cognitive behavioural approaches to address ways in which our thoughts, feelings, actions and physical reactions relate to each other
Comparative Reflections in Private Law
Essays in Honour of Simon Whittaker
AvMarco Cappelletti,Ciara Kennefickm. fl.
Inbunden, Engelska, 2026
1 658 kr
Skickas inom 5-8 vardagar
Comparative Reflections in Private Law celebrates the scholarly legacy of Professor Simon Whittaker, whose work has left a profound mark on the field of comparative law. Reflecting the breadth and depth of his influence, the volume brings together leading scholars to explore central themes in private law from a comparative perspective. The volume is split into three distinct parts. The first part of the volume focuses on contract law, examining topics ranging from defects in the formation of a contract, interpretation, illegality, the doctrine of change of circumstances, and remedies. These chapters reflect Whittaker's commitment to doctrinal precision, analytical depth, and the value of comparative law as a means of understanding other legal traditions and re-examining one's own with a fresh perspective. The second part turns to tort law, with contributions exploring topics such as the role of violation of a right, the concept of foreseeability, the justifications for the non-recoverability of pure economic loss, and the treatment of illegality in product liability. These essays engage critically with fundamental concepts while also offering comparative insights into the functions and structure of tort law, an approach that reflects Whittaker's distinctive ability to draw deep connections between legal systems, both in their doctrinal rules and in the principles and goals that underpin them. The final part of the volume turns to private law intersections, addressing challenges that cut across traditional boundaries, such as the doctrine of the subsidiarity of unjustified enrichment and the difficulty of devising harmonized contract law in the European Union from the plurality of laws and languages of the Member States. Taken together, the contributions included in this volume highlight the distinctive blend of intellectual rigour, curiosity, and openness to both tradition and innovation, which has so distinctively characterized Simon Whittaker's scholarship.
Law, Death, and Robots
The Regulation of Artificial Intelligence in High-Risk Civil Applications
AvKeri Grieman
Häftad, Engelska, 2026
543 kr
Skickas inom 10-15 vardagar
Can the law keep up with AI? This book examines liability and regulation for artificial intelligence causing serious physical harm, both now and in the future.While AI moves quickly, regulation follows more slowly – an increasing problem for an evolutionary, fast-paced emerging technology. AI has the potential to save lives, but in doing so will have the potential to take them as well. How do we future-proof law and regulation to incentivise life-saving innovation as safely as possible?This book details how to regulate AI in high-risk civil applications (for example, automated vehicles and medicine), addressing both liability and regulatory structure. It highlights crucial liability themes for technology governance; provides tools to bridge the gap between regulators and technologists; examines jurisdictional approaches to AI regulation in the EU, UK, USA, and Singapore; and ultimately suggests a jurisdiction-agnostic blueprint for regulation.
The Death of Common Sense: How Law Is Suffocating America
AvPhilip K. Howard
Häftad, Engelska, 2011
247 kr
Skickas inom 3-6 vardagar
In Praise of Litigation
AvAlexandra Lahav
Häftad, Engelska, 2019
376 kr
Skickas inom 5-8 vardagar
While the right to have one's day in court is a cherished feature of the American democratic system, alarms that the United States is hopelessly litigious and awash in frivolous claims have become ubiquitous. According to this view, litigation wastes precious resources, stifles innovation and productivity, and corrodes our social fabric and the national character. Calls for reform have sought, often successfully, to limit people's access to the court system. Alexandra Lahav's In Praise of Litigation provides a much needed corrective to this flawed perspective, reminding us of the irreplaceable role of litigation in a well-functioning democracy and debunking many of the myths that cloud our understanding of this role. Exploring cases involving freedom of speech, foodborne illness, defective cars, business competition, and more, the book shows that despite its inevitable limitations, litigation empowers citizens to challenge the most powerful public and private interests and hold them accountable for their actions. In Praise of Litigation shows how our court system protects our liberties and enables civil society to flourish, and serves as a powerful reminder of why we need to protect people's access to justice.
Tort Law in America
An Intellectual History
AvG. Edward White
E-bok
Engelska, 1985
537 kr
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This history of tort law in America looks at how the subject has been conceptualized, pointing out why changes in rules occurred, and who did the changing. White approaches his subject from four perspectives: intellectual history, the sociology of knowledge, the phenomenon of professionalization in the late 19th and 20th centuries in America, and the recurrent concerns of tort law since it became a discrete field.
Taxing Multinationals
Preventing tax base erosion through the reform of cross-border intercompany deductions, ATTA Doctoral Series, vol. 7
AvAnn Kayis-Kumar
Häftad, Engelska, 2019
962 kr
Skickas inom 5-8 vardagar
One of the most significant trends in the evolution of global tax systems has been the rise from relative obscurity of thin capitalisation rules, which are perceived as anti-avoidance rules. Despite their prevalence, it is unclear whether thin capitalisation rules: (1) attain tax neutrality (specifically, do these rules mitigate the tax-induced cross-border debt bias); and, (2) are effective in both theory and practice. Taxing Multinationals approaches the issue of thin capitalisation from a novel perspective by conceptualising the cross-border debt bias as the 'disease' and thin capitalisation as merely the 'symptom'. The overarching question guiding this book is whether, given the opportunity to start over, the tax-induced cross-border debt bias would be better addressed by retaining thin capitalisation rules in their current form or whether an alternative reform would be more suited to dealing with this 'disease'. Taxing Multinationals: Preventing tax base erosion through the reform of cross-border intercompany deduction is the seventh volume in the Australasian Tax Teachers' Association (ATTA) Doctoral Series.
Torts in New Zealand
Cases and Materials
AvBill Atkin,Geoffrey Mclay
Häftad, Engelska, 2021
803 kr
Skickas inom 5-8 vardagar
Torts in New Zealand: Cases and Materials is the principal introductory torts casebook in New Zealand. Now in its sixth edition, this popular textbook has been updated to reflect legislative changes in New Zealand tort law and includes new cases and commentary. The focus of the text is on New Zealand tort law, however it uses many precedents from UK, Canadian and Australian case law to reflect the diverse sources of New Zealand tort law.
Closing Death's Door
Legal Innovations to End the Epidemic of Healthcare Harm
AvMichael J. Saks,Stephan Landsman
Inbunden, Engelska, 2021
424 kr
Skickas inom 5-8 vardagar
After heart disease and cancer, the third leading cause of death in the United States is iatrogenic injury (avoidable injury or infection caused by a healer). Research suggests that avoidable errors claim several hundred thousand lives every year. The principal economic counterforce to such errors, malpractice litigation, has never been a particularly effective deterrent for a host of reasons, with fewer than 3% of negligently injured patients (or their families) receiving any compensation from a doctor or hospital's insurer.Closing Death's Door brings the psychology of decision making together with the law to explore ways to improve patient safety and reduce iatrogenic injury, when neither the healthcare industry itself nor the legal system has made a substantial dent in the problem. Beginning with an unflinching introduction to the problem of patient safety, the authors go on to define iatrogenic injury and its scope, shedding light on the culture and structure of a healthcare industry that has failed to effectively address the problem-and indeed that has influenced legislation to weaken existing legal protections and impede the adoption of potentially promising reforms. Examining the weak points in existing systems with an eye to using law to more effectively bring about improvement, the authors conclude by offering a set of ideas intended to start a conversation that will lead to new legal policies that lower the risk of harm to patients. Closing Death's Door is brought to vivid life by the stories of individuals and groups that have played leading roles in the nation's struggle with iatrogenic injury, and is essential reading for medical and legal professionals, as well as lawmakers and laypeople with an interest in healthcare policy.
Closing Death's Door
Legal Innovations to End the Epidemic of Healthcare Harm
AvStephan Landsman,Michael J. Saks
E-bok
PDF, Engelska, 2021
291 kr
Läs direkt efter köp
After heart disease and cancer, the third leading cause of death in the United States is iatrogenic injury (avoidable injury or infection caused by a healer). Research suggests that avoidable errors claim several hundred thousand lives every year. The principal economic counterforce to such errors, malpractice litigation, has never been a particularly effective deterrent for a host of reasons, with fewer than 3% of negligently injured patients (or their families) receiving any compensation from a doctor or hospital''s insurer.Closing Death''s Door brings the psychology of decision making together with the law to explore ways to improve patient safety and reduce iatrogenic injury, when neither the healthcare industry itself nor the legal system has made a substantial dent in the problem. Beginning with an unflinching introduction to the problem of patient safety, the authors go on to define iatrogenic injury and its scope, shedding light on the culture and structure of a healthcare industry that has failed to effectively address the problem-and indeed that has influenced legislation to weaken existing legal protections and impede the adoption of potentially promising reforms. Examining the weak points in existing systems with an eye to using law to more effectively bring about improvement, the authors conclude by offering a set of ideas intended to start a conversation that will lead to new legal policies that lower the risk of harm to patients. Closing Death''s Door is brought to vivid life by the stories of individuals and groups that have played leading roles in the nation''s struggle with iatrogenic injury, and is essential reading for medical and legal professionals, as well as lawmakers and laypeople with an interest in healthcare policy.
Closing Death's Door
Legal Innovations to End the Epidemic of Healthcare Harm
AvStephan Landsman,Michael J. Saks
E-bok
Engelska, 2021
291 kr
Läs direkt efter köp
After heart disease and cancer, the third leading cause of death in the United States is iatrogenic injury (avoidable injury or infection caused by a healer). Research suggests that avoidable errors claim several hundred thousand lives every year. The principal economic counterforce to such errors, malpractice litigation, has never been a particularly effective deterrent for a host of reasons, with fewer than 3% of negligently injured patients (or their families) receiving any compensation from a doctor or hospital''s insurer.Closing Death''s Door brings the psychology of decision making together with the law to explore ways to improve patient safety and reduce iatrogenic injury, when neither the healthcare industry itself nor the legal system has made a substantial dent in the problem. Beginning with an unflinching introduction to the problem of patient safety, the authors go on to define iatrogenic injury and its scope, shedding light on the culture and structure of a healthcare industry that has failed to effectively address the problem-and indeed that has influenced legislation to weaken existing legal protections and impede the adoption of potentially promising reforms. Examining the weak points in existing systems with an eye to using law to more effectively bring about improvement, the authors conclude by offering a set of ideas intended to start a conversation that will lead to new legal policies that lower the risk of harm to patients. Closing Death''s Door is brought to vivid life by the stories of individuals and groups that have played leading roles in the nation''s struggle with iatrogenic injury, and is essential reading for medical and legal professionals, as well as lawmakers and laypeople with an interest in healthcare policy.
Birth Rights and Wrongs
How Medicine and Technology are Remaking Reproduction and the Law
AvDov Fox
E-bok
PDF, Engelska, 2019
363 kr
Läs direkt efter köp
Millions of Americans rely on the likes of birth control, IVF, and genetic testing to make plans as intimate and farreaching as any over a lifetime. This is no less than the medicine of miracles. It fills empty cradles, frees families from terrible disease, and empowers them to fashion their lives on their own terms. But accidents happen.Pharmacists mix up pills. Lab techs misread tests. Obstetricians tell women their healthy fetuses would be stillborn. Political and economic forces conspire against regulation. And judges throw up their hands when professionals foist parenthood on people who didn''t want it, or childlessness on those who did. Failed abortions, switched donors, and lost embryos may be first-world problems. But these aren''t innocent lapses or harmless errors. They''re wrongs in need of rights.This book lifts the curtain on reproductive negligence, gives voice to the lives it upends, and vindicates the interests that advances in medicine and technology bring to full expression. It charts the legal universe of errors that:(1) deprive pregnancy or parenthood of people who set out to pursue them;(2) impose pregnancy or parenthood on those who tried to avoid these roles; or(3) confound efforts to have a child with or without certain genetic traits.This novel architecture forces citizens and courts to rethink the reproductive controversies of our time, and equips us to meet the new challenges-from womb transplants to gene editing-that lie just over the horizon.
Birth Rights and Wrongs
How Medicine and Technology are Remaking Reproduction and the Law
AvDov Fox
E-bok
Engelska, 2019
363 kr
Läs direkt efter köp
Millions of Americans rely on the likes of birth control, IVF, and genetic testing to make plans as intimate and farreaching as any over a lifetime. This is no less than the medicine of miracles. It fills empty cradles, frees families from terrible disease, and empowers them to fashion their lives on their own terms. But accidents happen.Pharmacists mix up pills. Lab techs misread tests. Obstetricians tell women their healthy fetuses would be stillborn. Political and economic forces conspire against regulation. And judges throw up their hands when professionals foist parenthood on people who didn''t want it, or childlessness on those who did. Failed abortions, switched donors, and lost embryos may be first-world problems. But these aren''t innocent lapses or harmless errors. They''re wrongs in need of rights.This book lifts the curtain on reproductive negligence, gives voice to the lives it upends, and vindicates the interests that advances in medicine and technology bring to full expression. It charts the legal universe of errors that:(1) deprive pregnancy or parenthood of people who set out to pursue them;(2) impose pregnancy or parenthood on those who tried to avoid these roles; or(3) confound efforts to have a child with or without certain genetic traits.This novel architecture forces citizens and courts to rethink the reproductive controversies of our time, and equips us to meet the new challenges-from womb transplants to gene editing-that lie just over the horizon.
Civil Wrongs and Justice in Private Law
AvPaul B. Miller,John Oberdiek
Inbunden, Engelska, 2020
2 055 kr
Skickas inom 5-8 vardagar
Civil wrongs occupy a significant place in private law. They are particularly prominent in tort law, but equally have a place in contract law, property and intellectual property law, unjust enrichment, fiduciary law, and in equity more broadly. Civil wrongs are also a preoccupation of leading general theories of private law, including corrective justice and civil recourse theories. According to these and other theories, the centrality of civil wrongs to civil liability shows that private law is fundamentally concerned with the expression and enforcement of norms of justice appropriate to interpersonal interaction and association. Others, sounding notes of caution or criticism, argue that a preoccupation with wrongs and remedies has meant neglect of other ways in which private law serves justice, and ways in which private law serves values other than justice. This volume comprises original papers written by a wide variety of legal theorists and philosophers exploring the nature of civil wrongs, their place in private law, and their relationship to other forms of wrongdoing.
Civil Wrongs and Justice in Private Law
AvJohn Oberdiek,Paul B. Miller
E-bok
PDF, Engelska, 2020
1 323 kr
Läs direkt efter köp
Civil wrongs occupy a significant place in private law. They are particularly prominent in tort law, but equally have a place in contract law, property and intellectual property law, unjust enrichment, fiduciary law, and in equity more broadly. Civil wrongs are also a preoccupation of leading general theories of private law, including corrective justice and civil recourse theories. According to these and other theories, the centrality of civil wrongs to civil liability shows that private law is fundamentally concerned with the expression and enforcement of norms of justice appropriate to interpersonal interaction and association. Others, sounding notes of caution or criticism, argue that a preoccupation with wrongs and remedies has meant neglect of other ways in which private law serves justice, and ways in which private law serves values other than justice. This volume comprises original papers written by a wide variety of legal theorists and philosophers exploring the nature of civil wrongs, their place in private law, and their relationship to other forms of wrongdoing.
Civil Wrongs and Justice in Private Law
AvJohn Oberdiek,Paul B. Miller
E-bok
Engelska, 2020
1 323 kr
Läs direkt efter köp
Civil wrongs occupy a significant place in private law. They are particularly prominent in tort law, but equally have a place in contract law, property and intellectual property law, unjust enrichment, fiduciary law, and in equity more broadly. Civil wrongs are also a preoccupation of leading general theories of private law, including corrective justice and civil recourse theories. According to these and other theories, the centrality of civil wrongs to civil liability shows that private law is fundamentally concerned with the expression and enforcement of norms of justice appropriate to interpersonal interaction and association. Others, sounding notes of caution or criticism, argue that a preoccupation with wrongs and remedies has meant neglect of other ways in which private law serves justice, and ways in which private law serves values other than justice. This volume comprises original papers written by a wide variety of legal theorists and philosophers exploring the nature of civil wrongs, their place in private law, and their relationship to other forms of wrongdoing.
Reasonableness and Risk
Right and Responsibility in the Law of Torts
AvGregory C. Keating
Inbunden, Engelska, 2023
1 308 kr
Skickas inom 5-8 vardagar
The law of torts is concerned with what we owe to one another in the way of obligations not to interfere with, or impair, each other's urgent interests as we go about our lives in civil society. The most influential contemporary account of tort law treats tort liability rules as shadow prices. Their role is not to vindicate claimants' own rights and interests, but to induce us to injure one another only when it is economically efficient to do so. The chief competitors to the economic view take tort law's importance to lie primarily in the duties of repair that it imposes on wrongdoers, or in the powers of recourse that it confers on the victims of tortious wrongs. This book argues that tort law's primary obligations address a domain of basic justice and that its rhetoric of reasonableness implies a distinctive morality of mutual right and responsibility. Modern tort law is preoccupied with, and responds to, the special moral significance of harm. That special significance sometimes justifies standards of precaution more stringent than those prescribed by efficiency. This book also examines the regulatory and administrative institutions with which the common law of torts cooperates and competes, treating these as part of a continuum of institutions that instantiate the primary role pursued by modern tort law - that is, to protect our physical integrity and other essential interests from impairment and interference by others, and to do so terms that all those affected might accept as justifiable.
Reasonableness and Risk
Right and Responsibility in the Law of Torts
AvGregory C. Keating
E-bok
PDF, Engelska, 2022
1 045 kr
Läs direkt efter köp
The law of torts is concerned with what we owe to one another in the way of obligations not to interfere with, or impair, each other''s urgent interests as we go about our lives in civil society. The most influential contemporary account of tort law treats tort liability rules as shadow prices. Their role is not to vindicate claimants'' own rights and interests, but to induce us to injure one another only when it is economically efficient to do so. The chief competitors to the economic view take tort law''s importance to lie primarily in the duties of repair that it imposes on wrongdoers, or in the powers of recourse that it confers on the victims of tortious wrongs. This book argues that tort law''s primary obligations address a domain of basic justice and that its rhetoric of reasonableness implies a distinctive morality of mutual right and responsibility. Modern tort law is preoccupied with, and responds to, the special moral significance of harm. That special significance sometimes justifies standards of precaution more stringent than those prescribed by efficiency. This book also examines the regulatory and administrative institutions with which the common law of torts cooperates and competes, treating these as part of a continuum of institutions that instantiate the primary role pursued by modern tort law - that is, to protect our physical integrity and other essential interests from impairment and interference by others, and to do so terms that all those affected might accept as justifiable.
Reasonableness and Risk
Right and Responsibility in the Law of Torts
AvGregory C. Keating
E-bok
Engelska, 2022
1 045 kr
Läs direkt efter köp
The law of torts is concerned with what we owe to one another in the way of obligations not to interfere with, or impair, each other''s urgent interests as we go about our lives in civil society. The most influential contemporary account of tort law treats tort liability rules as shadow prices. Their role is not to vindicate claimants'' own rights and interests, but to induce us to injure one another only when it is economically efficient to do so. The chief competitors to the economic view take tort law''s importance to lie primarily in the duties of repair that it imposes on wrongdoers, or in the powers of recourse that it confers on the victims of tortious wrongs. This book argues that tort law''s primary obligations address a domain of basic justice and that its rhetoric of reasonableness implies a distinctive morality of mutual right and responsibility. Modern tort law is preoccupied with, and responds to, the special moral significance of harm. That special significance sometimes justifies standards of precaution more stringent than those prescribed by efficiency. This book also examines the regulatory and administrative institutions with which the common law of torts cooperates and competes, treating these as part of a continuum of institutions that instantiate the primary role pursued by modern tort law - that is, to protect our physical integrity and other essential interests from impairment and interference by others, and to do so terms that all those affected might accept as justifiable.
Philosophical Foundations of the Law of Torts
AvJohn Oberdiek
E-bok
PDF, Engelska, 2014
556 kr
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Contemporary philosophy and tort law have long enjoyed a happy union. Tort theory today is an exceptionally active and wide ranging field within legal philosophy. This volume brings together established and emerging scholars from around the world and from varying disciplines that bring their distinct perspective to the philosophical problems of tort law. These ground breaking essays advance longstanding debates and open up new avenues of enquiry thus deepening andbroadening the field. Contributions cover the major problematic areas of tort law, such as the relations between responsibility, fault, and strict liability; the morality of harm, compensation, and repair; and the relationship of tort with criminal and property law among many others.
Philosophical Foundations of the Law of Torts
AvJohn Oberdiek
E-bok
Engelska, 2014
556 kr
Läs direkt efter köp
Contemporary philosophy and tort law have long enjoyed a happy union. Tort theory today is an exceptionally active and wide ranging field within legal philosophy. This volume brings together established and emerging scholars from around the world and from varying disciplines that bring their distinct perspective to the philosophical problems of tort law. These ground breaking essays advance longstanding debates and open up new avenues of enquiry thus deepening andbroadening the field. Contributions cover the major problematic areas of tort law, such as the relations between responsibility, fault, and strict liability; the morality of harm, compensation, and repair; and the relationship of tort with criminal and property law among many others.
Structure of Tort Law
AvNils Jansen
E-bok
PDF, Engelska, 2021
1 241 kr
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This English translation makes available to anglophone readers a modern classic of German tort theory. It argues that modern German tort law is faced with doctrinal tensions based on problematic theoretical assumptions which stem from historical conceptions of tortious liability, inappropriate to modern times. From a theoretical perspective, it argues against the prevalent doctrinal view in Germany that conceives of tortious liability as split between two tracks - a fault-based track and a strict liability track - each with different normative foundations.Instead, Jansen asserts that there is no rigid distinction between the normative foundations of each form of liability. Rather, both fault liability and strict liability in German law, and indeed other European systems, are best considered as resting upon the unifying theoretical structure of outcome responsibility. The book thus places responsibility rather than wrongdoing at the centre of the normative foundations of tort law. Historically, the book traces in detail how conceptions of tort liability have changed from Roman law to contemporary legal doctrine. It shows how particular historical understandings of the normative basis of tort law have led to continuing normative tensions in contemporary doctrine. Finally, the book examines how a reconstruction of modern German - and, indeed, European - law as based upon outcome responsibility should affect its doctrinal structure.This book makes contributions to the study of the theory, history, and doctrinal structure of tort law. While drawing on and explaining German tort law, its comparative, theoretical, and historical analysis will be of interest to scholars in all legal systems.
Structure of Tort Law
AvNils Jansen
E-bok
Engelska, 2021
1 241 kr
Läs direkt efter köp
This English translation makes available to anglophone readers a modern classic of German tort theory. It argues that modern German tort law is faced with doctrinal tensions based on problematic theoretical assumptions which stem from historical conceptions of tortious liability, inappropriate to modern times. From a theoretical perspective, it argues against the prevalent doctrinal view in Germany that conceives of tortious liability as split between two tracks - a fault-based track and a strict liability track - each with different normative foundations.Instead, Jansen asserts that there is no rigid distinction between the normative foundations of each form of liability. Rather, both fault liability and strict liability in German law, and indeed other European systems, are best considered as resting upon the unifying theoretical structure of outcome responsibility. The book thus places responsibility rather than wrongdoing at the centre of the normative foundations of tort law. Historically, the book traces in detail how conceptions of tort liability have changed from Roman law to contemporary legal doctrine. It shows how particular historical understandings of the normative basis of tort law have led to continuing normative tensions in contemporary doctrine. Finally, the book examines how a reconstruction of modern German - and, indeed, European - law as based upon outcome responsibility should affect its doctrinal structure.This book makes contributions to the study of the theory, history, and doctrinal structure of tort law. While drawing on and explaining German tort law, its comparative, theoretical, and historical analysis will be of interest to scholars in all legal systems.
McMeel and Virgo On Financial Advice and Financial Products
AvJohn Virgo,Gerard McMeel
E-bok
PDF, Engelska, 2014
2 548 kr
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Now in hardback, this comprehensive work covers the legal and regulatory environment in which claims concerning sales of and advice on financial products for individuals and businesses are brought and defended. Fully updated to explain the impact of the twin peaks regulation under the Financial Services Act 2012, the book analyses the role of the Financial Conduct Authority and considers its activities to date. The book covers both statutory claims and traditional ''professional negligence'' claims based on contract and tort against financial advisers, brokers, other intermediaries and product providers. Also included in this third edition is a new chapter on consumer credit, considering the transfer of responsibility for the consumer credit regime from the Office of Fair Trading to the Financial Conduct Authority.This is the leading work on professional negligence in the financial services field and is an essential reference tool for all those who advise on bringing or defending such claims.
McMeel and Virgo On Financial Advice and Financial Products
AvJohn Virgo,Gerard McMeel
E-bok
Engelska, 2014
2 548 kr
Läs direkt efter köp
Now in hardback, this comprehensive work covers the legal and regulatory environment in which claims concerning sales of and advice on financial products for individuals and businesses are brought and defended. Fully updated to explain the impact of the twin peaks regulation under the Financial Services Act 2012, the book analyses the role of the Financial Conduct Authority and considers its activities to date. The book covers both statutory claims and traditional ''professional negligence'' claims based on contract and tort against financial advisers, brokers, other intermediaries and product providers. Also included in this third edition is a new chapter on consumer credit, considering the transfer of responsibility for the consumer credit regime from the Office of Fair Trading to the Financial Conduct Authority.This is the leading work on professional negligence in the financial services field and is an essential reference tool for all those who advise on bringing or defending such claims.
Unjust Enrichment
AvPeter Birks
E-bok
Engelska, 2005
590 kr
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This new edition of Unjust Enrichment by the editor of the Clarendon Law Series, is a fully updated, clear and concise account of the law of unjust enrichment. It attempts to move away from the use of obscure terminology inherited from the past. This text is the first book to insist on the switch from restitution to unjust enrichment, from response to event. It organises modern law around five simple questions: Was the defendant enriched? If so, was it at the claimant''s expense? If so, was it unjust? The fourth question is then what kind of right the claimant has, and the fifth is whether the defendant has any defences. This second edition was revised and updated by Peter Birks before his death from cancer on 6 July 2004 at the age of 62. It represents the final thinking of the world''s leading authority on the subject.
Torts and Rights
AvRobert Stevens
E-bok
Engelska, 2007
590 kr
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The law of torts is concerned with the secondary obligations generated by the infringement of primary rights. This work seeks to show that this apparently simple proposition enables us to understand the law of torts as found in the common law. Using primarily English materials, but drawing heavily upon the law of other common law jurisdictions, Stevens seeks to give an account of the law of torts which relies upon the core material familiar to most students and practitioners with a grasp of the law of torts. This material is drawn together in support of a single argument in a provocative and accessible style, and puts forward a new theoretical model for analysing the law of torts, providing an overarching framework for radically reconceiving the subject.
Rights, Wrongs, and Injustices
The Structure of Remedial Law
AvStephen A. Smith
E-bok
PDF, Engelska, 2019
1 454 kr
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Rights, Wrongs, and Injustices is the first comprehensive account of the scope, foundations, and structure of remedial law in common law jurisdictions. The rules governing the kinds of complaints that common law courts will accept are generally well understood. However, the rules governing when and how they respond to such complaints are not. This book provides that understanding. It argues that remedies are judicial rulings, and that remedial law is the lawgoverning their availability and content. Focusing on rulings that resolve private law disputes (for example, damages, injunctions, and restitutionary orders), this book explains why remedial law is distinctive, how it relates to substantive law, and what its foundational principles are.The book advances four main arguments. First, the question of what courts should do when individuals seek their assistance (the focus of remedial law) is different from the question of how individuals should treat one another in their day-to-day lives (the focus of substantive law). Second, remedies provide distinctive reasons to perform the actions they command; in particular, they provide reasons different from those provided by either rules or sanctions. Third, remedial law has a complexrelationship to substantive law. Some remedies are responses to rights-threats, others to wrongs, and yet others to injustices. Further, remedies respond to these events in different ways: while many remedies (merely) replicate substantive duties, others modify substantive duties and some createentirely new duties. Finally, remedial law is underpinned by general principles-principles that cut across the traditional distinctions between so-called “legal” and “equitable” remedies. Together, these arguments provide an understanding of remedial law that takes the concept of a remedy seriously, classifies remedies according to their grounds and content, illuminates the relationship between remedies and substantive law, and presents remedial law as a body ofprinciples rather than a historical category.

Skada, kränkningar och kompensation

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Produktansvaret : en översikt

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