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Contributory Negligence: Conceptual and Normative Issues

Kenneth W. Simons

in The Philosophical Foundations of Tort Law

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198265795
eISBN:
9780191682971
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198265795.003.0021
Subject:
Law, Philosophy of Law

This chapter examines conceptual and normative issues concerning contributory negligence and places them within the broader conceptual, doctrinal, and normative framework of tort law. It assesses the ... More


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


Concurrent Causes and Contributory Negligence

H. L. A. Hart

in Causation in the Law

Published in print:
1985
Published Online:
March 2012
ISBN:
9780198254744
eISBN:
9780191681523
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198254744.003.0010
Subject:
Law, Philosophy of Law

Chapter VI discussed the principles on which a third factor might be held, on the traditional view, to negative causal connection between a wrongful act and some harm of which the wrongful act was a ... 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


Defenses

Jennifer K. Robbennolt and Valerie P. Hans

in The Psychology of Tort Law

Published in print:
2016
Published Online:
May 2017
ISBN:
9780814724941
eISBN:
9780814724712
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814724941.003.0008
Subject:
Psychology, Social Psychology

This chapter offers a psychologically-based assessment of common defenses to tort law claims. Defenses that blame plaintiffs for their own injuries resonate strongly with the ethic of individual ... More


Fun with Dick and Jane

Mayo Moran

in Rethinking the Reasonable Person: An Egalitarian Reconstruction of the Objective Standard

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199247820
eISBN:
9780191714788
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199247820.003.0004
Subject:
Law, Philosophy of Law

Feminists and others suspect that there is something troubling about applying the reasonable person standard to women. A group of court cases that involves judging the reasonableness of the behaviour ... More


Damages under Korean Law

Tae-Yong AHN

in Studies in the Contract Laws of Asia I: Remedies for Breach of Contract

Published in print:
2016
Published Online:
April 2016
ISBN:
9780198757221
eISBN:
9780191817151
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198757221.003.0008
Subject:
Law, Law of Obligations, Comparative Law

Damages are an important remedy available to the creditor when non-performance and loss are proven. Fault is presumed for non-performance, and exemption on the ground of no fault is rare. Compensable ... More


Limitations on Compensation

Borzu Sabahi

in Compensation and Restitution in Investor-State Arbitration: Principles and Practice

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199601189
eISBN:
9780191729201
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199601189.003.0007
Subject:
Law, Public International Law, Company and Commercial Law

This chapter discusses various principles that may limit the amount of compensation that an investor may recover. Causation is examined, focusing particularly on legal causation. The effects of the ... More


The Performance Interest in Chinese Contract Law: Monetary Awards

Shiyuan HAN

in Studies in the Contract Laws of Asia I: Remedies for Breach of Contract

Published in print:
2016
Published Online:
April 2016
ISBN:
9780198757221
eISBN:
9780191817151
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198757221.003.0003
Subject:
Law, Law of Obligations, Comparative Law

This chapter focuses mainly on monetary awards under Chinese law. It covers both damages and agreed sums payable upon breach of an obligation. The objects of analysis here are the Contract Law 1999, ... More


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