Anne Bloom
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780195141177
- eISBN:
- 9780199871391
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195141172.003.0004
- Subject:
- Political Science, International Relations and Politics
This chapter examines the background and litigation proceedings in the case of Dow Chemical Company and Shell Oil Company versus Domingo Castro Alfaro (et al.), a case in which a Texas personal ...
More
This chapter examines the background and litigation proceedings in the case of Dow Chemical Company and Shell Oil Company versus Domingo Castro Alfaro (et al.), a case in which a Texas personal injury firm attempted to police the misconduct of a group of multinational corporations operating in Costa Rica by filing suit in Texas. The litigation in the Alfaro case involved allegations of wrongful exposure to pesticides of workers employed on a U.S. banana plantation, whose crop was shipped to the U.S.A. The defendants argued that the Texas court lacked jurisdiction to hear the case. In a ruling that sent shock waves throughout the international business community, the Texas Supreme Court disagreed. The Alfaro case opened up a new vista of transnational litigation for cause lawyers.Less
This chapter examines the background and litigation proceedings in the case of Dow Chemical Company and Shell Oil Company versus Domingo Castro Alfaro (et al.), a case in which a Texas personal injury firm attempted to police the misconduct of a group of multinational corporations operating in Costa Rica by filing suit in Texas. The litigation in the Alfaro case involved allegations of wrongful exposure to pesticides of workers employed on a U.S. banana plantation, whose crop was shipped to the U.S.A. The defendants argued that the Texas court lacked jurisdiction to hear the case. In a ruling that sent shock waves throughout the international business community, the Texas Supreme Court disagreed. The Alfaro case opened up a new vista of transnational litigation for cause lawyers.
Michael Lobban
- 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
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 had caused accidents were responsible for the harms that ensued, the courts did not develop a general tort of negligence, but looked rather at the particular rights and duties of each of the parties. In dealing with personal injury cases, the courts looked at whether any duty was owed to the victim, and if so, what kind of duty it was. The courts set limits to the reach of liability for accidents that occurred in the world at large by limiting such duties to a defined number, derived from the established categories such as trespass, nuisance, contract, or deceit. This chapter on personal injuries in the 19th century discusses railway accidents, accidents on highways, occupiers' liability, dangerous goods, and damages for personal injury.Less
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 had caused accidents were responsible for the harms that ensued, the courts did not develop a general tort of negligence, but looked rather at the particular rights and duties of each of the parties. In dealing with personal injury cases, the courts looked at whether any duty was owed to the victim, and if so, what kind of duty it was. The courts set limits to the reach of liability for accidents that occurred in the world at large by limiting such duties to a defined number, derived from the established categories such as trespass, nuisance, contract, or deceit. This chapter on personal injuries in the 19th century discusses railway accidents, accidents on highways, occupiers' liability, dangerous goods, and damages for personal injury.
Michael Lobban
- 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.
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.
R. W. Kostal
- 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
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 viable legal actions for damages against a railway company. By the early 1850s, however, the relative viability of the two causes of action had changed dramatically. While injured railway passengers (or their heirs) brought lawsuits against railway companies in growing numbers, injured railway workers (or their heirs) now only rarely sued employers. This turn of events was the predictable result of a series of judicial choices. Drawing on a fluid blend of pre-railway-era legal precedent and railway-era social and economic concerns, England's common law judges created a body of decisional law that was exceedingly generous to injured railway patrons, but almost intractably ungenerous to injured railway labourers. Although railway employers were maimed and killed much more frequently than railway passengers, their losses contributed few cases to the swell of personal injury litigation against railways after 1850. For the entire period 1840–75, however, the key judicial choices in the field of accident law were not disturbed.Less
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 viable legal actions for damages against a railway company. By the early 1850s, however, the relative viability of the two causes of action had changed dramatically. While injured railway passengers (or their heirs) brought lawsuits against railway companies in growing numbers, injured railway workers (or their heirs) now only rarely sued employers. This turn of events was the predictable result of a series of judicial choices. Drawing on a fluid blend of pre-railway-era legal precedent and railway-era social and economic concerns, England's common law judges created a body of decisional law that was exceedingly generous to injured railway patrons, but almost intractably ungenerous to injured railway labourers. Although railway employers were maimed and killed much more frequently than railway passengers, their losses contributed few cases to the swell of personal injury litigation against railways after 1850. For the entire period 1840–75, however, the key judicial choices in the field of accident law were not disturbed.
William J. Koch, Kevin S. Douglas, Tonia L. Nicholls, and Melanie L. O'Neill
- Published in print:
- 2005
- Published Online:
- May 2009
- ISBN:
- 9780195188288
- eISBN:
- 9780199870486
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195188288.003.0002
- Subject:
- Psychology, Developmental Psychology
This chapter presents a coherent definition of psychological injury. Psychological injuries are stress-related emotional conditions resulting from real or imagined threats or injuries that may become ...
More
This chapter presents a coherent definition of psychological injury. Psychological injuries are stress-related emotional conditions resulting from real or imagined threats or injuries that may become the subjects of personal injury litigation, workers compensation claims, criminal injury compensation, other disability claims, or human rights tribunals. Such disorders include post-traumatic stress disorder (PTSD), acute stress disorder (ASD), major depressive episode (MDE), substance abuse disorders, and a myriad of other less-defined anxiety and depressive reactions. It is a concept that involves harm, though harm of a primarily nonphysical nature (acknowledging that many psychological conditions have biophysical correlates). The concept also involves not only harm, but enough harm to mean that it needs to be considered by legal mechanisms. There must be interests protected; for example, the interest protected by the tort of battery is physical integrity, and the interest protected by the torts of intentional or negligent infliction of emotional distress is emotional tranquility.Less
This chapter presents a coherent definition of psychological injury. Psychological injuries are stress-related emotional conditions resulting from real or imagined threats or injuries that may become the subjects of personal injury litigation, workers compensation claims, criminal injury compensation, other disability claims, or human rights tribunals. Such disorders include post-traumatic stress disorder (PTSD), acute stress disorder (ASD), major depressive episode (MDE), substance abuse disorders, and a myriad of other less-defined anxiety and depressive reactions. It is a concept that involves harm, though harm of a primarily nonphysical nature (acknowledging that many psychological conditions have biophysical correlates). The concept also involves not only harm, but enough harm to mean that it needs to be considered by legal mechanisms. There must be interests protected; for example, the interest protected by the tort of battery is physical integrity, and the interest protected by the torts of intentional or negligent infliction of emotional distress is emotional tranquility.
Cees van Dam
- 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
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 differ substantially from system to system, particularly in the area of non-pecuniary loss. Differences are also apparent if someone gets injured or dies as the consequence of an accident, in which case his relatives will also suffer harm: pecuniary harm for the loss of maintenance and non-pecuniary harm for the loss of a beloved one (damages for bereavement or for grief and sorrow). The chapter also analyses the rules applying to the victim’s contributory negligence. Whereas England and Germany are reluctant in attributing contributory negligence to children, the approach in France is remarkably less advantageous for children.Less
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 differ substantially from system to system, particularly in the area of non-pecuniary loss. Differences are also apparent if someone gets injured or dies as the consequence of an accident, in which case his relatives will also suffer harm: pecuniary harm for the loss of maintenance and non-pecuniary harm for the loss of a beloved one (damages for bereavement or for grief and sorrow). The chapter also analyses the rules applying to the victim’s contributory negligence. Whereas England and Germany are reluctant in attributing contributory negligence to children, the approach in France is remarkably less advantageous for children.
Ryan C. W. Hall and Richard C. W. Hall
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780195387476
- eISBN:
- 9780199914517
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195387476.003.0074
- Subject:
- Psychology, Social Psychology
This chapter discusses how psychometric testing can aid clinicians and forensic experts in understanding a patient/examinee. In addition, the chapter discusses how psychometric test results ...
More
This chapter discusses how psychometric testing can aid clinicians and forensic experts in understanding a patient/examinee. In addition, the chapter discusses how psychometric test results suggestive for malingering may look based on the malingerer’s situation (e.g. criminal or civil context), motivation (faking good or faking bad), and sophistication (e.g., coached). Other factors that may also result in symptom elevation scores (e.g., stress of a lawsuit, response bias, unconscious factors), which may not be due to a clear intention to malinger, are also discussed. The chapter concludes with a discussion of the ethical obligations inherent with the use of these tests (e.g., test integrity, informing about validity scales, sharing of results).Less
This chapter discusses how psychometric testing can aid clinicians and forensic experts in understanding a patient/examinee. In addition, the chapter discusses how psychometric test results suggestive for malingering may look based on the malingerer’s situation (e.g. criminal or civil context), motivation (faking good or faking bad), and sophistication (e.g., coached). Other factors that may also result in symptom elevation scores (e.g., stress of a lawsuit, response bias, unconscious factors), which may not be due to a clear intention to malinger, are also discussed. The chapter concludes with a discussion of the ethical obligations inherent with the use of these tests (e.g., test integrity, informing about validity scales, sharing of results).
CHERYL REGEHR and TED BOBER
- Published in print:
- 2005
- Published Online:
- January 2009
- ISBN:
- 9780195165029
- eISBN:
- 9780199864089
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195165029.003.0002
- Subject:
- Social Work, Health and Mental Health
This chapter describes the multiple traumatic events encountered by emergency responders, drawing directly on interviews with emergency responders. While most discussed horrific events which ...
More
This chapter describes the multiple traumatic events encountered by emergency responders, drawing directly on interviews with emergency responders. While most discussed horrific events which contained much blood and gore, they were quick to add that these were not the events that “have left me sleepless.” The events that were most troubling for paramedics, firefighters, and police officers did not involve multiple deaths in a dramatic incident, but rather involved the death or injury of someone that the worker contextualized in relationship to others. These events connected personally with the emergency responder and often caused them to re-evaluate their own relationships, priorities, and achievements. These findings require a rethink of intervention models that focus on high profile, dramatic incidents and ensure that services are available to allow workers to discuss personal reflections of tragic, yet unsung events.Less
This chapter describes the multiple traumatic events encountered by emergency responders, drawing directly on interviews with emergency responders. While most discussed horrific events which contained much blood and gore, they were quick to add that these were not the events that “have left me sleepless.” The events that were most troubling for paramedics, firefighters, and police officers did not involve multiple deaths in a dramatic incident, but rather involved the death or injury of someone that the worker contextualized in relationship to others. These events connected personally with the emergency responder and often caused them to re-evaluate their own relationships, priorities, and achievements. These findings require a rethink of intervention models that focus on high profile, dramatic incidents and ensure that services are available to allow workers to discuss personal reflections of tragic, yet unsung events.
SIMON WHITTAKER
- 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
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 its criminal courts possess broad powers to order any person convicted of a criminal offence to compensate the victim of the crime. Nevertheless, the criminal law and the criminal process in England play only a very marginal role in providing compensation for accidental death and personal injury, including in cases involving unsafe products. This marks a very striking contrast with the position described for France. This chapter discusses the features of the English system.Less
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 its criminal courts possess broad powers to order any person convicted of a criminal offence to compensate the victim of the crime. Nevertheless, the criminal law and the criminal process in England play only a very marginal role in providing compensation for accidental death and personal injury, including in cases involving unsafe products. This marks a very striking contrast with the position described for France. This chapter discusses the features of the English system.
Cees Van Dam
- 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
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 potential wrongdoers. The victim's right to damages for personal injury differs substantially from system to system, particularly in the area of non-pecuniary loss. Moreover, differences are apparent if someone is injured or killed in an accident, and as a consequence, his relatives suffer harm. The chapter also analyzes the rules applying to the victim's contributory negligence. This defence generally leads to a lower amount of damages and, in extraordinary circumstances, even to zero compensation. Whereas England and Germany are reluctant to attribute contributory negligence to children, the French approach is remarkably less child-friendly.Less
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 potential wrongdoers. The victim's right to damages for personal injury differs substantially from system to system, particularly in the area of non-pecuniary loss. Moreover, differences are apparent if someone is injured or killed in an accident, and as a consequence, his relatives suffer harm. The chapter also analyzes the rules applying to the victim's contributory negligence. This defence generally leads to a lower amount of damages and, in extraordinary circumstances, even to zero compensation. Whereas England and Germany are reluctant to attribute contributory negligence to children, the French approach is remarkably less child-friendly.
Melissa Milewski
- Published in print:
- 2018
- Published Online:
- November 2017
- ISBN:
- 9780190249182
- eISBN:
- 9780190249212
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190249182.003.0009
- Subject:
- History, American History: 19th Century, American History: 20th Century
Chapter 7 examines the personal injury suits that formed almost half of the civil suits between black and white litigants in eight state supreme courts from 1900 to 1920. Facing terrible pain and ...
More
Chapter 7 examines the personal injury suits that formed almost half of the civil suits between black and white litigants in eight state supreme courts from 1900 to 1920. Facing terrible pain and loss in the wake of their own or loved one’s injuries, some African Americans turned to the courts to gain damages. There, in a time of encroaching segregation and racial injustice, a number of black litigants found disproportionate success in the realm of tort litigation. During their trials, black litigants shaped their testimony to meet the legal basis of personal injury, emphasizing their own caution at the time of the accident, their continuing pain and weakness from the injury, and the loss of income they had incurred. As in fraud cases, their claims of weakness and vulnerability could reinforce white judges’ and jury members’ ideas about racial inequality, but also allowed them to frequently win such suits.Less
Chapter 7 examines the personal injury suits that formed almost half of the civil suits between black and white litigants in eight state supreme courts from 1900 to 1920. Facing terrible pain and loss in the wake of their own or loved one’s injuries, some African Americans turned to the courts to gain damages. There, in a time of encroaching segregation and racial injustice, a number of black litigants found disproportionate success in the realm of tort litigation. During their trials, black litigants shaped their testimony to meet the legal basis of personal injury, emphasizing their own caution at the time of the accident, their continuing pain and weakness from the injury, and the loss of income they had incurred. As in fraud cases, their claims of weakness and vulnerability could reinforce white judges’ and jury members’ ideas about racial inequality, but also allowed them to frequently win such suits.
Martha Chamallas and Jennifer B. Wriggins
- 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
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 cases. There are two categories of tort damages: compensatory damages and punitive damages. Compensatory damages are often awarded and are considered the “normal” remedy in tort cases. To accomplish the restorative function of tort law to the widest extent possible, compensatory damages are awarded to cover a wide variety of losses, including economic damages and noneconomic harms. This chapter comments on the use of race-based and gender-based tables and statistics to compute loss of future earning capacity, arguing that such estimations are neither accurate nor equitable. It explains how women and racial minorities have been affected by legislative caps on noneconomic damages for pain and suffering and other intangible losses. It contends that non-economic losses should be treated on a par with economic losses.Less
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 cases. There are two categories of tort damages: compensatory damages and punitive damages. Compensatory damages are often awarded and are considered the “normal” remedy in tort cases. To accomplish the restorative function of tort law to the widest extent possible, compensatory damages are awarded to cover a wide variety of losses, including economic damages and noneconomic harms. This chapter comments on the use of race-based and gender-based tables and statistics to compute loss of future earning capacity, arguing that such estimations are neither accurate nor equitable. It explains how women and racial minorities have been affected by legislative caps on noneconomic damages for pain and suffering and other intangible losses. It contends that non-economic losses should be treated on a par with economic losses.
James Penner
- Published in print:
- 2020
- Published Online:
- July 2020
- ISBN:
- 9780190865269
- eISBN:
- 9780190865290
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190865269.003.0012
- Subject:
- Law, Criminal Law and Criminology
This chapter deals with damages in the context of tort law. In this case, the greater the loss, the larger the damages award. The chapter examines this fundamental commitment. It argues that it is ...
More
This chapter deals with damages in the context of tort law. In this case, the greater the loss, the larger the damages award. The chapter examines this fundamental commitment. It argues that it is unfair that someone wealthy, like Mick Jagger, would be owed greater compensation if he were negligently injured in a crash involving his luxury car than the average person would be if the roles were reversed. The chapter pursues a justification for the kind of consequential loss-based tort that would enable someone like Mick Jagger to be so compensated, but finds none. While the case is strong for fully compensating someone for negligently inflicted bodily injury insofar as everyone has a right of bodily integrity, the case for compensating someone for negligently caused lost wealth is weak for such compensation is neither essential to respecting bodily integrity nor does anyone have a moral obligation “to ensure that the wealthy remain wealthy.”Less
This chapter deals with damages in the context of tort law. In this case, the greater the loss, the larger the damages award. The chapter examines this fundamental commitment. It argues that it is unfair that someone wealthy, like Mick Jagger, would be owed greater compensation if he were negligently injured in a crash involving his luxury car than the average person would be if the roles were reversed. The chapter pursues a justification for the kind of consequential loss-based tort that would enable someone like Mick Jagger to be so compensated, but finds none. While the case is strong for fully compensating someone for negligently inflicted bodily injury insofar as everyone has a right of bodily integrity, the case for compensating someone for negligently caused lost wealth is weak for such compensation is neither essential to respecting bodily integrity nor does anyone have a moral obligation “to ensure that the wealthy remain wealthy.”
Joe Thomson
- 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
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 damage to property. The discussions cover the function of the law of negligence; constituent harm; the duty of care; breach of duty; reparation for losses; and remoteness of losses.Less
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 damage to property. The discussions cover the function of the law of negligence; constituent harm; the duty of care; breach of duty; reparation for losses; and remoteness of losses.
Dorothy Roberts
- 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
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 harassment inflicts a personal injury on the victim, “it is a social wrong and a social injury that occurs on a personal level.” It is this aspect of sexual harassment—its discrimination on the basis of sex—that brings it within the purview of Title VII. The chapter reiterates the importance of recognizing sexual harassment's collective injury, especially in considering the question of whether or not harassing speech is protected by the First Amendment. It focuses on the most common claim of sexual harassment in the workplace: harassment of women by men.Less
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 harassment inflicts a personal injury on the victim, “it is a social wrong and a social injury that occurs on a personal level.” It is this aspect of sexual harassment—its discrimination on the basis of sex—that brings it within the purview of Title VII. The chapter reiterates the importance of recognizing sexual harassment's collective injury, especially in considering the question of whether or not harassing speech is protected by the First Amendment. It focuses on the most common claim of sexual harassment in the workplace: harassment of women by men.
Martha Chamallas and Jennifer B. Wriggins
- 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
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 cases. There are two categories of tort damages: compensatory damages and punitive damages. Compensatory damages are often awarded and are considered the “normal” remedy in tort cases. To accomplish the restorative function of tort law to the widest extent possible, compensatory damages are awarded to cover a wide variety of losses, including economic damages and noneconomic harms. This chapter comments on the use of race-based and gender-based tables and statistics to compute loss of future earning capacity, arguing that such estimations are neither accurate nor equitable. It explains how women and racial minorities have been affected by legislative caps on noneconomic damages for pain and suffering and other intangible losses. It contends that non-economic losses should be treated on a par with economic losses.
Less
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 cases. There are two categories of tort damages: compensatory damages and punitive damages. Compensatory damages are often awarded and are considered the “normal” remedy in tort cases. To accomplish the restorative function of tort law to the widest extent possible, compensatory damages are awarded to cover a wide variety of losses, including economic damages and noneconomic harms. This chapter comments on the use of race-based and gender-based tables and statistics to compute loss of future earning capacity, arguing that such estimations are neither accurate nor equitable. It explains how women and racial minorities have been affected by legislative caps on noneconomic damages for pain and suffering and other intangible losses. It contends that non-economic losses should be treated on a par with economic losses.
Ann Oakley
- Published in print:
- 2007
- Published Online:
- March 2012
- ISBN:
- 9781861349378
- eISBN:
- 9781447302360
- Item type:
- chapter
- Publisher:
- Policy Press
- DOI:
- 10.1332/policypress/9781861349378.003.0009
- Subject:
- Sociology, Social Theory
Personal injury cases are ‘the heart and soul’ of tort law — the law of ‘civil wrongs’ that decides when people should be financially compensated for adverse events that happen to their bodies or ...
More
Personal injury cases are ‘the heart and soul’ of tort law — the law of ‘civil wrongs’ that decides when people should be financially compensated for adverse events that happen to their bodies or their minds. This chapter recounts the Oakley v White Creek Lodge case. The case is not only about the law relating to accidental injury, but it's also about how bodies feature in legal systems. The chapter criticizes the US litigation industry and stipulates that the reasons behind why lawyers flourish in the USA is because the welfare system leaves many holes that injury compensation can fill and legal practice was deregulated in the 1970s, so that, for the first time, lawyers were able to advertise their services and tout for business.Less
Personal injury cases are ‘the heart and soul’ of tort law — the law of ‘civil wrongs’ that decides when people should be financially compensated for adverse events that happen to their bodies or their minds. This chapter recounts the Oakley v White Creek Lodge case. The case is not only about the law relating to accidental injury, but it's also about how bodies feature in legal systems. The chapter criticizes the US litigation industry and stipulates that the reasons behind why lawyers flourish in the USA is because the welfare system leaves many holes that injury compensation can fill and legal practice was deregulated in the 1970s, so that, for the first time, lawyers were able to advertise their services and tout for business.
Cees van Dam
- 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
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 general strict liability rule for damage caused by other people. This rule supplements the more specific strict liability rules for parents (for damage caused by their children) and for employers (for damage caused by their employees). Hence, in France, in cases of personal injury and property loss, strict liability is the rule and fault liability the exception. This chapter presents general observations on France's fault liability (including abuse of rights), general rule of strict liability for things, specific rules of strict liability for things, general rule of strict liability for persons, and specific rules of strict liability for persons.Less
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 general strict liability rule for damage caused by other people. This rule supplements the more specific strict liability rules for parents (for damage caused by their children) and for employers (for damage caused by their employees). Hence, in France, in cases of personal injury and property loss, strict liability is the rule and fault liability the exception. This chapter presents general observations on France's fault liability (including abuse of rights), general rule of strict liability for things, specific rules of strict liability for things, general rule of strict liability for persons, and specific rules of strict liability for persons.
Duncan Fairgrieve and Dan Squires QC
- Published in print:
- 2019
- Published Online:
- March 2021
- ISBN:
- 9780199692552
- eISBN:
- 9780191933035
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780199692552.003.0017
- Subject:
- Law, Constitutional and Administrative Law
This chapter considers claims brought against the Armed Forces where negligence of its members causes injuries to other members of the forces or to civilians. In order to understand the scope of ...
More
This chapter considers claims brought against the Armed Forces where negligence of its members causes injuries to other members of the forces or to civilians. In order to understand the scope of liabilities where claimants are themselves members of the Armed Forces, it is necessary to consider the statutory immunity that was conferred upon the Forces. Section 10 of the Crown Proceedings Act 1947 provided the Crown with a broad immunity in relation to tort claims brought by members of the Armed Forces. This immunity was removed by the Crown Proceedings (Armed Forces) Act 1987. The 1987 Act abolished the immunity only prospectively, however, and for harm suffered prior to its coming into force, in May 1987, the immunity continues to apply. Since claims can be brought many years after an injury was suffered if the claimant was not aware of the injury the immunity continues to play a significant role.
Less
This chapter considers claims brought against the Armed Forces where negligence of its members causes injuries to other members of the forces or to civilians. In order to understand the scope of liabilities where claimants are themselves members of the Armed Forces, it is necessary to consider the statutory immunity that was conferred upon the Forces. Section 10 of the Crown Proceedings Act 1947 provided the Crown with a broad immunity in relation to tort claims brought by members of the Armed Forces. This immunity was removed by the Crown Proceedings (Armed Forces) Act 1987. The 1987 Act abolished the immunity only prospectively, however, and for harm suffered prior to its coming into force, in May 1987, the immunity continues to apply. Since claims can be brought many years after an injury was suffered if the claimant was not aware of the injury the immunity continues to play a significant role.
Jennifer Ann Drobac
- 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
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 interactions. This chapter provides the civil law backdrop for the analysis of how adults, and especially jurists, might use the new information regarding adolescent development and psychosocial maturity. By comparing the varied traditional civil law approaches to juvenile behavior, this chapter reveals gross legal inconsistencies between criminal and civil law treatment of adolescent capacity and “consent.” Before one evaluates the efficacy of modern anti-discrimination statutes, most not designed to protect “consenting” teenagers, one should consider the development of civil common law rules that cover similar behavior. These common law claims highlight the importance of capacity and consent. They influenced the development of antidiscrimination law and, perhaps, reveal clues about how jurists exported some traditional and discriminatory attitudes to those new laws.Less
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 interactions. This chapter provides the civil law backdrop for the analysis of how adults, and especially jurists, might use the new information regarding adolescent development and psychosocial maturity. By comparing the varied traditional civil law approaches to juvenile behavior, this chapter reveals gross legal inconsistencies between criminal and civil law treatment of adolescent capacity and “consent.” Before one evaluates the efficacy of modern anti-discrimination statutes, most not designed to protect “consenting” teenagers, one should consider the development of civil common law rules that cover similar behavior. These common law claims highlight the importance of capacity and consent. They influenced the development of antidiscrimination law and, perhaps, reveal clues about how jurists exported some traditional and discriminatory attitudes to those new laws.