1-20 of 67 Results

  • Keyword: compensation x
Clear all

Chapter

Cover Criminology

22. Victims  

Pamela Davies

This chapter explores the parameters of the study of the crime victim, and the history and scope of the academic subdiscipline within criminology known as victimology. It discusses victimological perspectives; researching victims of crime; and the extent, nature of, and risks to criminal victimization. The final section examines public policy and practice, considering how and why ‘victim’ is a problematic concept in the context of compensation. It problematizes a number of taken-for-granted victimological concepts, such as victimization and crime victim. This section also shows that key concepts, such as victim precipitation, culpability, provocation, and ideal victim connect to particular ways of constructing the crime victim and understanding victimization.

Chapter

Cover Tort Law

20. Vicarious liability  

This chapter examines the principle of vicarious liability, a form of secondary liability through which employers may, in certain circumstances, be liable for the torts of their employees, even though the employer themselves may be entirely blameless. The imposition of vicarious liability is one of the most important exceptions to the general approach of the common law whereby liability for any wrongdoing is imposed on, and only on, the wrongdoer(s). A defendant will not be vicariously liable unless the following conditions are met: (a) there is an employer–employee relationship (or one akin to this) between the defendant and the person for whose actions they are being held liable; and (b) a close connection between this relationship and the tortious wrongdoing of the employee

Chapter

Cover Street on Torts

19. Breach of statutory duty  

This chapter examines how statutory obligations occasionally give rise to private actions in tort. It explains that a breach of a statutory duty will not automatically confer a right of action on anyone adversely affected by it (and that it does not necessarily ground an action for negligence either). The chapter sets out the relevant elements of the statute-based tort, noting that the claimant must prove both that he was intended by Parliament to be protected as an individual and that the protection was aimed at preventing the kind of loss he suffered. If these elements are fulfilled, he will be entitled to compensation for loss. Defences specific to this area of law are considered also.

Chapter

Cover Tort Law

20. Vicarious liability  

This chapter examines the principle of vicarious liability, a form of secondary liability through which employers may, in certain circumstances, be liable for the torts of their employees, even though the employer themselves may be entirely blameless. The imposition of vicarious liability is one of the most important exceptions to the general approach of the common law whereby liability for any wrongdoing is imposed on, and only on, the wrongdoer(s). A defendant will not be vicariously liable unless the following conditions are met: (a) there is an employer–employee relationship between the defendant and the person for whose actions they are being held liable; (b) the employee committed the tortious act while acting in the course of their employment.

Chapter

Cover EU Law

17. Damages Actions and Money Claims  

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. Article 340 of the Treaty on the Functioning of the European Union (TFEU) governs compensation against the EU. It leaves the Court of Justice of the European Union with considerable room for interpretation, and directs it to consider the general principles common to the laws of the Member States. The key issue is the test for liability where losses are caused by EU acts that are illegal. The Court has fashioned different tests for cases where the challenged act is of a discretionary nature and for those where it is not. This chapter discusses the application of Article 340 in relation to discretionary and non-discretionary EU acts, official acts of Union servants, valid legislative acts, causation and damage, joint liability for the EU and Member States, contractual liability, and restitution. The UK version contains a further section analysing the relevance of Article 340 in relation to the UK post-Brexit.

Chapter

Cover An Introduction to Tort Law

14. Damages  

Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. This chapter focuses on damages. Most victims of torts want money, often, as much as they can. However, a claimant may also be awarded damages when what he really wants is an injunction to put an end to a continuing wrong: here the damages are not compensatory at all, but just a sop, and not one which the complainant would regard as ‘just satisfaction’. The chapter discusses damages for economic harm and human harm, payment of damages, fatal accident claims, property damage, aggravated damages, and punitive damages.

Chapter

Cover Tort Law

21. Damages for death and personal injuries  

This chapter examines various issues in relation to damages in tort, beginning by looking at the principles that lie behind damages awards. The primary object of the law is to compensate those who have been harmed by another’s wrongdoing by making an award that seeks to put the claimant into the position that they would have been in had the harm not occurred. The chapter discusses the calculation and forms of damage payments, and special and general damages; independent, joint and several concurrent liabilities; time limitations on claims; the problem with damages; and debunking the compensation culture myth.

Chapter

Cover EU Law

17. Damages Actions and Money Claims  

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. Article 340 of the Treaty on the Functioning of the European Union (TFEU) governs compensation against the EU. It leaves the Court of Justice of the European Union with considerable room for interpretation, and directs it to consider the general principles common to the laws of the Member States. The key issue is the test for liability where losses are caused by EU acts that are illegal. The Court has fashioned different tests for cases where the challenged act is of a discretionary nature and for those where it is not. This chapter discusses the application of Article 340 in relation to discretionary and non-discretionary EU acts, official acts of Union servants, valid legislative acts, causation and damage, joint liability for the EU and Member States, contractual liability, and restitution. The UK version contains a further section analysing the relevance of Article 340 in relation to the UK post-Brexit.

Chapter

Cover Tort Law

21. Damages for death and personal injuries  

This chapter examines various issues in relation to damages in tort, beginning by looking at the principles that lie behind damages awards. The primary object of the law is to compensate those who have been harmed by another’s wrongdoing by making an award that seeks to put the claimant into the position that they would have been in had the harm not occurred. The chapter discusses the calculation and forms of damage payments, and special and general damages; independent, joint and several concurrent liabilities; time limitations on claims; the problem with damages; and debunking the compensation culture myth.

Chapter

Cover Essential Cases: Contract Law

One Step (Support) Ltd v Morris-Garner [2019] AC 649; [2018] UKSC 20  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in One Step (Support) Ltd v Morris-Garner [2018] UKSC 20. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Cover Essential Cases: Equity & Trusts

Swindle v Harrison [1997] 4 All ER 705, Court of Appeal  

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Swindle v Harrison [1997] 4 All ER 705, Court of Appeal. The document also includes supporting commentary from author Derek Whayman.

Chapter

Cover Essential Cases: Contract Law 5e

One Step (Support) Ltd v Morris-Garner [2019] AC 649; [2018] UKSC 20  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in One Step (Support) Ltd v Morris-Garner [2018] UKSC 20. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Cover Sentencing and Punishment

7. Impact on victims and offenders  

This chapter begins by examining the increased policy focus on victims of crime and their more recent involvement in the sentencing process via victim impact statements. It reviews changes in sentencing law which have aimed to ensure the offender does not profit from crime—such as confiscation orders—and that the offender pays financial compensation to the victim. Secondly, it discusses conflicting approaches to a focus on the impact of a sentence on the offender or the offender’s family, covering justifications from penology and evidence—from research and appellate cases—of practice in the courts. This includes discussion of the role of personal mitigation in retributivist and utilitarian sentencing and the influence it may have on the outcome for less serious cases.

Chapter

Cover Essential Cases: Equity & Trusts

Swindle v Harrison [1997] 4 All ER 705, Court of Appeal  

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Swindle v Harrison [1997] 4 All ER 705, Court of Appeal. The document also includes supporting commentary from author Derek Whayman.

Chapter

Cover Anson's Law of Contract

17. Damages  

Jack Beatson, Andrew Burrows, and John Cartwright

This Chapter discusses damages and other remedies for breach of contract. It covers the compensatory nature of damages, basis of assessment of damages, causation, remoteness, mitigation, assessment of damages in contracts for the sale of goods, claimants’ contributory negligence, the tax element in damages, interest, and agreed damages clauses (contrasting penalty clauses).

Chapter

Cover Tort Law Concentrate

17. Remedies and principles of compensation  

This chapter discusses the main remedies for torts: damages and injunctions. In tort, damages are primarily compensatory and are intended to restore to the claimant what he has lost. Damages may be punitive or aggravated. They may be awarded in a lump sum, or in periodic or provisional form, and may be subject to deductions. An injunction is an order of the court requiring the defendant either to do something (mandatory injunction) or to cease doing something (prohibitory injunction). Interim injunctions anticipate trial of the full issue. Upon death, a remedy may be obtainable on behalf of the deceased or his dependants.

Chapter

Cover Tort Law Directions

3. Breach of duty  

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. The first step in establishing a negligence claim is to prove that the defendant owed the claimant a duty of care. The claimant must then show that the defendant has been negligent, that is, has breached that duty. To determine negligence, one must therefore establish how the defendant ought to have behaved in the circumstances (that is, standard of care) and whether the defendant’s behaviour fell below the desired standard (that is, breach). The basic standard of care in negligence is objectively assessed: that of the reasonable man. The objective standard can at times appear to work particularly harshly against a defendant, as exemplified by the case Nettleship v Weston (1971). This chapter examines breach of duty and the standard of care, the proof of negligence, and the application of the maxim res ipsa loquitur. It also discusses the Compensation Act 2006 which addresses the problem of the so-called compensation culture.

Chapter

Cover An Introduction to Tort Law

10. Nuisance  

Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. This chapter deals with the tort of nuisance, which is concerned exclusively with land. Nuisance embraces all the multifarious rights and interests appertaining to land — that extremely distinctive form of property whose characteristics include uniqueness, durability, fixity, contiguity, visibility, and short supply. Some such rights are natural, others must be acquired; some are absolute, others qualified; some depend on physical possession, others, such as easements, do not. One of these rights is the right to enjoy one's land. The chapter discusses how the four elements (earth, air, fire, and water) can affect the landowner or occupier; cases where a defendant is held liable for failing to protect his neighbour; the nature of the occupier's duty; disamenity as the characteristic of nuisance law; and whether a landlord is liable for a nuisance committed by a tenant.

Chapter

Cover An Introduction to Tort Law

15. Other Systems  

Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. This chapter considers other schemes which are designed precisely to ensure that a victim of a wrong receives compensation. Many persons are injured or killed by motorists who do not have the insurance required by law against their liability. If a victim obtains a judgement against such a motorist and it is not paid off in seven days, it will be met by the Motor Insurers Bureau, representing the that branch of insurance firms in the UK. The Criminal Injuries Compensation Authority makes awards for personal injury directly attributable to a crime of violence. The Vaccine Damage Payments Act 1979 makes payments for those damaged as a result of vaccination against specified diseases.

Chapter

Cover Markesinis & Deakin's Tort Law

24. Damages  

This chapter is the first of two chapters concerned with remedies. The focus of this chapter is monetary remedies; the financial consequences of a proven tort. It begins by discussing the notion of damage, and damages, before exploring different types of damages; the principle of full compensation; the interrelationship of tort and other compensation systems; pecuniary and non-pecuniary losses; death in relation to tort; and damage to property.