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Personal Injuries

Michael Lobban

in The Oxford History of the Laws of England: Volume XII: 1820–1914 Private Law

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199258826
eISBN:
9780191705168
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199258826.003.0022
Subject:
Law, Legal History

Since the age of industrialization and urbanization was also one of accidents, personal injury suits constituted a high proportion of cases heard by common law judges. In deciding how far those who ... More


‘The Instrumentality of Others’: Railway Accidents and the Courts, 1840–1875

R. W. Kostal

in Law and English Railway Capitalism 1825–1875

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198265672
eISBN:
9780191682926
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198265672.003.0008
Subject:
Law, Legal History

In the 1840s injured railway passengers and employees alike commenced legal actions for damages. It is clear that many lawyers of the era believed that both kinds of accident victims might commence ... More


Workplace Injuries

Michael Lobban

in The Oxford History of the Laws of England: Volume XII: 1820–1914 Private Law

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199258826
eISBN:
9780191705168
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199258826.003.0023
Subject:
Law, Legal History

This chapter on workplace injuries in the 19th century covers workmen and the common law, the Employers's Liability Act 1880, and Workmen's Compensation Act 1897.


Damage and Damages

Cees van Dam

in European Tort Law

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199227679
eISBN:
9780191710414
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199227679.003.0012
Subject:
Law, EU Law

This chapter discusses damage and damages, including contributory negligence, as they relate to tort law in Europe and the European Union. The rights to compensation of the victim for personal injury ... More


English Law: Crime, the Criminal Process and ‘Essentially Civil Claims’

SIMON WHITTAKER

in Liability for Products: English Law, French Law, and European Harmonization

Published in print:
2005
Published Online:
March 2012
ISBN:
9780198256137
eISBN:
9780191681639
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198256137.003.0015
Subject:
Law, Comparative Law

English law possesses an elaborate and wide-ranging series of criminal offences which sanction the manufacture or supply of an unsafe product (whether or not it causes personal injury or death), and ... More


Damage and Damages

Cees Van Dam

in European Tort Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199672264
eISBN:
9780191751288
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199672264.003.0012
Subject:
Law, Law of Obligations, EU Law

This chapter begins with a discussion of the functions of damages: these are not only aimed at compensating the claimant but also at vindicating his rights and deterring the tortfeasor and other ... More


Damages

Martha Chamallas and Jennifer B. Wriggins

in The Measure of Injury: Race, Gender, and Tort Law

Published in print:
2010
Published Online:
March 2016
ISBN:
9780814716762
eISBN:
9780814790069
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814716762.003.0007
Subject:
Law, Comparative Law

This chapter examines the expressive and material importance of damages, with particular emphasis on how race and gender have affected the amount of damages awarded to plaintiffs in personal injury ... More


6 Damages

Martha Chamallas and Jennifer B. Wriggins

in The Measure of Injury: Race, Gender, and Tort Law

Published in print:
2010
Published Online:
March 2016
ISBN:
9780814716762
eISBN:
9780814790069
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814716762.003.0007
Subject:
Law, Comparative Law

This chapter examines the expressive and material importance of damages, with particular emphasis on how race and gender have affected the amount of damages awarded to plaintiffs in personal injury ... More


Some Thoughts on the Nature of Liability for Negligence in Scots Law

Joe Thomson

in Judge and Jurist: Essays in Memory of Lord Rodger of Earlsferry

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199677344
eISBN:
9780191758379
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199677344.003.0039
Subject:
Law, Philosophy of Law, Legal Profession and Ethics

This chapter considers the nature of liability to make reparation for losses caused by negligence. It focuses on the situation where losses have arisen as a result of personal injury or physical ... More


The Collective Injury of Sexual Harassment

Dorothy Roberts

in Directions in Sexual Harassment Law

Published in print:
2003
Published Online:
October 2013
ISBN:
9780300098006
eISBN:
9780300135305
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300098006.003.0023
Subject:
Law, Employment Law

This chapter explains the collective harm of sexual harassment, which affects the status of all women in the workplace where it occurs, in the labor market, and in society as a whole. Although sexual ... More


France

Cees van Dam

in European Tort Law

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199227679
eISBN:
9780191710414
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199227679.003.0003
Subject:
Law, EU Law

In France, tort law is characterised by its broad general principles and its general lack of detail. The rule of strict liability has been developed by the Cour de cassation, which also developed a ... More


The Development of Civil Law’s Response to Worldly Women and Precocious Teenagers: Historical Wisdom or Oppressive Judgment?

Jennifer Ann Drobac

in Sexual Exploitation of Teenagers: "Adolescent Development, Discrimination, and Consent Law"

Published in print:
2016
Published Online:
September 2016
ISBN:
9780226301013
eISBN:
9780226301150
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226301150.003.0005
Subject:
Law, Criminal Law and Criminology

The civil system addresses personal injury, sexual exploitation, and “consent,” among other matters, through common law tort (personal injury) laws or more modern state statutory responses to human ... More


Mass Torts in a World of Settlement

Richard A. Nagareda

Published in print:
2007
Published Online:
March 2013
ISBN:
9780226567600
eISBN:
9780226567624
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226567624.001.0001
Subject:
Law, Company and Commercial Law

The traditional definition of torts involves bizarre, idiosyncratic events where a single plaintiff with a physical impairment sues the specific defendant he believes to have wrongfully caused that ... More


Environmental Damage and Genetically Modified Organisms

Ruth Mackenzie

in Environmental Damage in International and Comparative Law: Problems of Definition and Valuation

Published in print:
2002
Published Online:
March 2012
ISBN:
9780199255733
eISBN:
9780191698262
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199255733.003.0005
Subject:
Law, Environmental and Energy Law, Comparative Law

This chapter focuses on the risks posed by genetically modified crops. It argues that many of the risks which are likely to materialize fall comfortably within traditional heads of damage such as ... More


Bringing Justice to Large Groups of People: Mass Torts and Class Actions (II)

Jeffrey B. Morris

in Leadership on the Federal Bench: The Craft and Activism of Jack Weinstein

Published in print:
2011
Published Online:
April 2015
ISBN:
9780199772414
eISBN:
9780190259976
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199772414.003.0012
Subject:
Law, Legal History

This chapter focuses on Weinstein's involvements since Agent Orange. His ventures with asbestos litigation and later mass tort cases proved much less successful than Agent Orange. However, he ... More


France

Cees Van Dam

in European Tort Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199672264
eISBN:
9780191751288
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199672264.003.0003
Subject:
Law, Law of Obligations, EU Law

This chapter analyzes French tort law, which is characterized by its broad general principles. Only a few rules govern most of the law of extra-contractual liability and these are laid down in the ... More


The Sequel: Perceptions of the Past and of the Future

MALCOLM CLARKE

in Policies and Perceptions of Insurance Law in the Twenty-First Century

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199273300
eISBN:
9780191699672
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199273300.003.0009
Subject:
Law, Law of Obligations

No better illustration of insecurity can be found than in the amount of discretion that the law allows insurers, especially when a claim is brought and the insurer's claims department ‘smells’ fraud. ... More


Deliberating about Dollars: The Severity Shift

David A. Schkade, Cass R. Sunstein, and Daniel Kahneman

in Punitive Damages: How Juries Decide

Published in print:
2002
Published Online:
March 2013
ISBN:
9780226780146
eISBN:
9780226780160
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226780160.003.0005
Subject:
Law, Company and Commercial Law

With respect to punitive damages, how does group discussion affect individual views? How, if at all, is the outcome of group deliberation different from a statistical aggregation of individual ... More


To Catch a Sex Offender: Police, Trawls, and Personal Injury Solicitors

David Rose

in Wrongful Allegations of Sexual and Child Abuse

Published in print:
2016
Published Online:
October 2016
ISBN:
9780198723301
eISBN:
9780191789700
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198723301.003.0012
Subject:
Law, Criminal Law and Criminology, Legal Profession and Ethics

This chapter examines the interaction between police and personal injury solicitors in cases of alleged historical child abuse, and the consequent risk of miscarriages of justice. Inspired by the ... More


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