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43 results

Page 1 of 3

  • 7 - An Appraisal of the Fault Principle
  • from Part II - The Tort System in Theory
  • Peter Cane, Australian National University, Canberra, James Goudkamp, University of Oxford
  • Book: Atiyah's Accidents, Compensation and the Law
  • Published online: 24 August 2018
  • Print publication: 13 September 2018, pp 163-180
  • View extract

    Summary

    The fault principle has traditionally been understood as a principle of morality, which can justify not only the imposition of liability for death and personal injury but also the notion that the award of compensation should fully repair losses suffered. But, in moral terms, the fault principle is vulnerable to several objections. It can also be attacked on social and practical grounds. This chapter considers various arguments that might be made against the fault principle as a basis for the payment of compensation to victims of personal injuries by those who inflict them.
  • 5 - Causation and Remoteness of Damage
  • from Part II - The Tort System in Theory
  • Peter Cane, Australian National University, Canberra, James Goudkamp, University of Oxford
  • Book: Atiyah's Accidents, Compensation and the Law
  • Published online: 24 August 2018
  • Print publication: 13 September 2018, pp 97-117
  • View extract

    Summary

    A person cannot incur tort liability to pay damages for injury or damage suffered by another unless that injury or damage was caused by the former’s tortious conduct. Causation of harm is essential to tort liability because tort law is a set of principles of personal responsibility for conduct. Tort law compensates the injured, but only if someone else was responsible for those injuries; and normally a person will not be responsible for injuries unless their conduct caused the harm. In other words, the tort system is a ‘cause-based’ compensation system. This chapter reveals the complexity latent in these apparently straightforward propositions and analyses the principles of law that are relevant in this regard.
  • 13 - The Social Security System
  • from Part IV - Other Compensation Systems
  • Peter Cane, Australian National University, Canberra, James Goudkamp, University of Oxford
  • Book: Atiyah's Accidents, Compensation and the Law
  • Published online: 24 August 2018
  • Print publication: 13 September 2018, pp 310-344
  • View extract

    Summary

    This chapter explores the major features of the social security system in so far as it provides support to victims of impairment and death. The society security system's relationship with the tort system is assessed, and it is compared with the tort system more generally. It is contended that one laudable preference within the social security system is that benefits for long-term disablement are relatively more generous than those for short-term disablement. Conversely, it is also argued that the industrial injuries scheme, unlike the tort system, embodies an indefensible preference in favour of the industrially disabled.
  • 9 - Tortfeasors and Insurers
  • from Part III - The Tort System in Operation
  • Peter Cane, Australian National University, Canberra, James Goudkamp, University of Oxford
  • Book: Atiyah's Accidents, Compensation and the Law
  • Published online: 24 August 2018
  • Print publication: 13 September 2018, pp 210-245
  • View extract

    Summary

    This chapter addresses basic questions that arise in relation to the intersection of insurance and tort law. The centrality of insurance to the tort system and the role of insurance plays is explored. Attention is also given to the major different types of insurance that can be purchased. Finally, the chapter explains how liability insurance has had a profound impact on tort law.

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