Atiyah's Accidents, Compensation and the Law

by Peter Cane, James Goudkamp

Overview

Now in its ninth edition, Atiyah's Accidents, Compensation and the Law explores the recent and continuous developments in personal injury law by applying social context to the relevant legal principles. Those principles remain in need of radical reform. Updates to the text include discussion of the major changes to the way compensation is calculated and claimed, evolving funding arrangements for personal injury litigation, and dramatic shifts in the claims management industry. Suitable for both undergraduate and postgraduate students taking courses in tort law, this new edition balances theory, practice and context. It draws on new legislation, research and case law to offer the reader thought-provoking examples and analysis.

Product Details

ISBN-13:	9781108369503
Publisher:	Cambridge University Press
Publication date:	09/13/2018
Series:	Law in Context
Sold by:	Barnes & Noble
Format:	eBook
File size:	3 MB

About the Author

Peter Cane is Senior Research Fellow at Christ's College, Cambridge and Emeritus Distinguished Professor of Law at the Australian National University College of Law.
James Goudkamp is Professor of the Law of Obligations at the University of Oxford.

Table of Contents

Part I. The Issues in Perspective: 1. Introduction: surveying the field; Part II. The Tort System in Theory: 2. Fault as a basis of liability; 3. The scope of the tort of negligence; 4. Departures from the fault principle; 5. Causation and remoteness of damage; 6. Damages for personal injury and death; 7. An appraisal of the fault principle; Part III. The Tort System in Operation: 8. Claims and claimants; 9. Tortfeasors and insurers; 10. Settlements and trials; Part IV. Other Compensation Systems: 11. First-party insurance; 12. Compensation for criminal injuries; 13. The social security system; 14. Other forms of assistance; Part V. The Overall Picture: 15. A plethora of systems; 16. The cost of compensation and who pays it; 17. The functions of compensation systems; Part VI. The Future: 18. Accident compensation in the twenty-first century.

Editorial Reviews

‘Since the 1970s, Atiyah's Accidents, Compensation and the Law has provided an invaluable counter-narrative to mainstream tort scholarship and this new edition is no exception. The core critique, whilst familiar, is integrated with an updated analysis of the political, social and economic context in which the law, and the system that underpins it, operates. It remains a ‘must read' for students.' Annette Morris, Cardiff University

‘As it has been from its first edition, this remains the definitive work on liability and compensation for accidental injury. The new editorial team (Goudkamp joining Cane) treads a careful path through the controversies surrounding the alleged 'compensation culture' but never shies from advancing its own, informed and persuasive perspective on the issues.' Ken Oliphant, Deputy Head of School, University of Bristol Law School

‘This classic text has provided a continuing source of inspiration for my research and an essential accompaniment to my teaching for the past forty years. In revealing the wider context of tort law it brings the subject to life. Its critique of personal injury litigation remains as important as ever.' Richard Lewis, Cardiff University

From the Publisher