scholarly journals Can Lawyers Solve the Problems of the Tort System?

1985 ◽  
Vol 73 (3) ◽  
pp. 747
Author(s):  
Richard A. Posner
Keyword(s):  
Tort System

Is the Infringement of a Treaty a Fault?

2020 ◽  
Vol 11 (1) ◽  
pp. 37-56
Author(s):  
Françoise Auvray
Keyword(s):  
Direct Effect ◽  
Legal System ◽  
Legal Order ◽  
International Treaties ◽  
Public Authorities ◽  
International Treaty ◽  
National Legal System ◽  
Tort System ◽  
State Liability

AbstractThis contribution deals with the wrongful behaviour of public authorities, in this case in particular the Belgian State, and delves into a challenge that the multi-levelled legal order poses for the national tort system. It inquires how the violation of an international treaty relates to liability in the national legal system. More specifically, the author examines if it is necessary, when dealing with state liability, to limit the concept of fault to the infringements of international treaties with direct effect, excluding the violation of those without such effect.

Can Washington Repair the Tort System?

1988 ◽  
Vol 37 (1) ◽  
pp. 102
Author(s):  
Edmund W. Kitch
Keyword(s):  
Tort System

scholarly journals New Zealand's Workers' Compensation: How Will it Fare in a Changing Environment?

1970 ◽  
Author(s):  
Nadine McDonnell
Keyword(s):  
New Zealand ◽  
Current System ◽  
Injured Workers ◽  
Workers Compensation ◽  
Working Environments ◽  
Accident Compensation ◽  
Tort System ◽  
Compensatory Damages ◽  
The Right ◽  
Safe Working

The Woodhouse Report and the subsequent 1972 Accident Compensation Act was revolutionary. The right to sue to recover compensatory damages arising directly or indirectly out of personal injury was abolished, although there was still the provision to take an action for damages in a court outside of New Zealand. Since then, workers’ compensation in New Zealand has evolved and metamorphosed into our current scheme. However, the effectiveness of workers' compensation schemes in terms providing protecting injured workers and their dependents has been eroded over the years. This paper not only provides a brief background to the current system but also explores the notion that if the current workers’ compensation scheme is failing New Zealand workers, perhaps it is time to look at other alternatives. In particular, the tort system of law may afford workers fairer compensation and may spur employers to provide healthy and safe working environments.

Minimising medical litigation: a review of key tort and legal reforms

2009 ◽  
Vol 5 (2) ◽  
pp. 179-233 ◽  
Author(s):  
Harold Tan
Keyword(s):  
Medical Malpractice ◽  
Developed Countries ◽  
Economic Sustainability ◽  
Legal Reforms ◽  
The Us ◽  
Tort System ◽  
Medical Litigation ◽  
Tort Reforms ◽  
The Uk ◽  
The Impact

The traditional tort system in medical malpractice is increasingly perceived as being incapable of addressing the mismatch between claims and negligent injuries. Tort reforms have been introduced in various developed countries in an attempt to bring about greater fairness and economic sustainability in the compensation of medical injuries and to reduce the overall rate of medical litigation. This paper reviews the key tort reforms that have been used in various countries, notably the US and the UK, and discusses the arguments that had been put forth by advocates and opponents of such reforms. The impact of these tort reforms, where studied and available, is also reviewed and discussed in the paper.

12. Nuisance

2020 ◽  
pp. 284-314
Author(s):  
Carol Brennan ◽  
Vera Bermingham
Keyword(s):  
Consumer Protection ◽  
Strict Liability ◽  
Personal Injury ◽  
Legal Knowledge ◽  
Property Damage ◽  
Consumer Protection Act ◽  
Key Points ◽  
Tort System ◽  
The Uk ◽  
The Cost

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. Manufacturers and producers are liable for personal injury or damage to property caused by a defective product. The claimant will not only recover in contract for personal injury and property damage caused by the defective product, but he will also be compensated for the cost of replacing the product itself. The Consumer Protection Act 1987 of the UK involves a strict liability regime for defective products on a variety of potential defendants. This discusses the limitations of the tort system in providing compensation to a victim of harm caused by a defective product, and analyses the scope and limitations of the Consumer Protection Act 1987.

12. Nuisance

2018 ◽  
Author(s):  
Vera Bermingham ◽  
Carol Brennan
Keyword(s):  
Consumer Protection ◽  
Strict Liability ◽  
Personal Injury ◽  
Legal Knowledge ◽  
Property Damage ◽  
Consumer Protection Act ◽  
Key Points ◽  
Tort System ◽  
The Uk ◽  
The Cost

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. Manufacturers and producers are liable for personal injury or damage to property caused by a defective product. The claimant will not only recover in contract for personal injury and property damage caused by the defective product, but he will also be compensated for the cost of replacing the product itself. The Consumer Protection Act 1987 of the UK involves a strict liability regime for defective products on a variety of potential defendants. This discusses the limitations of the tort system in providing compensation to a victim of harm caused by a defective product, and analyses the scope and limitations of the Consumer Protection Act 1987.

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