Автор: Tony Allen Название: Mediating Clinical Claims ISBN: 1526506408 ISBN-13(EAN): 9781526506405 Издательство: Bloomsbury Academic Рейтинг: Цена: 13464.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
Mediating Clinical Claims is a timely and detailed look at the growing practice of mediating clinical negligence claims in England, written by one of the UK's most experienced mediators of clinical claims. The book is aimed at all those with an interest in understanding why and how mediation is such an effective process in resolving such claims - claimants, healthcare professional and managers, lawyers, judges, policy-makers and mediators.
It reviews research on what claimants and clinicians really want from healthcare complaints and claims. It offers help on how best to prepare for and conduct such mediations, giving numerous anonymised examples based on real mediations. This new title looks at: - How mediation of clinical claims has developed - How mediation differs from other processes - Practical guidance for all participants - The legal framework in which such mediation operates - The law and practice of clinical claims - Process design and the special problems of multi-party claims - Future developments. MediatingClinical Claims provides mediators, claimants, healthcare professionals and their legal representatives with all the guidance they need to ensure that a successful and fair outcome is achieved for all those involved in such mediations.
Автор: Plunkett James Название: Duty of Care in Negligence ISBN: 1509914846 ISBN-13(EAN): 9781509914845 Издательство: Bloomsbury Academic Рейтинг: Цена: 12672.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book aims to provide a detailed analysis and overview of the duty of care inquiry, drawing on both academic analyses and judicial experience in leading common law systems. It is the first book-length treatment of the subject in more than 25 years. Given the vast number of issues currently dealt with in the duty of care inquiry, the book forwards several original arguments that provide fresh and original insight into this core concept in tort law, both in academia and in practice. The main overall achievement is to provide clarity of the concept to the reader. This book will be of interest to tort lawyers and private lawyers, both in academia and practice. Revised Dissertation. (Series: Hart Studies in Private Law, Vol. 26) Subject: Private Law, Contract Law, Tort Law]
Автор: Turton Gemma Название: Evidential Uncertainty in Causation in Negligence ISBN: 1509924485 ISBN-13(EAN): 9781509924486 Издательство: Bloomsbury Academic Рейтинг: Цена: 5384.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book undertakes an analysis of academic and judicial responses to the problem of evidential uncertainty in causation in negligence. It seeks to bring clarity to what has become a notoriously complex area by adopting a clear approach to the function of the doctrine of causation within a corrective justice-based account of negligence liability. It first explores basic causal models and issues of proof, including the role of statistical and epidemiological evidence, in order to isolate the problem of evidential uncertainty more precisely. Application of Richard Wright's NESS test to a range of English case law shows it to be more comprehensive than the 'but for' test that currently dominates, thereby reducing the need to resort to additional tests, such as the Wardlaw test of material contribution to harm, the scope and meaning of which are uncertain. The book builds on this foundation to explore the solution to a range of problems of evidential uncertainty, focusing on the Fairchild principle and the idea of risk as damage, as well as the notion of loss of a chance in medical negligence which is often seen as analogous with 'increase in risk', in an attempt to bring coherence to this area of the law.
Автор: Sharon Erbacher Название: Negligence and Illegality ISBN: 1509906665 ISBN-13(EAN): 9781509906666 Издательство: Bloomsbury Academic Рейтинг: Цена: 14256.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book examines claims in negligence for compensation for harm arising from illegal conduct of the claimant. An array of public policy and other grounds have been advanced for resolving these claims, resulting in an area that is characterized by confusing and contradictory case law. Sharon Erbacher analyzes the various explanations put forward as the basis for illegality doctrine within a framework of corrective justice theory. Illegality law poses particular challenges for the corrective justice explanation of negligence law, as many illegality tests are based on public policy considerations external to the relationship of the parties. It is argued that the only circumstance where illegality doctrine should be applied to deny a claim is where this is necessary to preserve the coherence of the legal system. This book develops the work of Ernest Weinrib and Allan Beever to explain how the principle of legal coherence fits within the framework of corrective justice theory, and why legal coherence is the only valid conceptual basis for a doctrine of illegality. It also contains a detailed study on the scope of the coherence rationale and the principles that will determine its application. Dissertation. (Series: Hart Studies in Private Law, Vol. 20) Subject: Contract Law, Commercial Law, Comparative Law, Tort Law]
Автор: Gemma Turton Название: Evidential Uncertainty in Causation in Negligence ISBN: 1849467048 ISBN-13(EAN): 9781849467049 Издательство: Bloomsbury Academic Рейтинг: Цена: 13464.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book undertakes an analysis of academic and judicial responses to the problem of evidential uncertainty in causation in negligence. It seeks to bring clarity to what has become a notoriously complex area by adopting a clear approach to the function of the doctrine of causation within a corrective justice-based account of negligence liability. It first explores basic causal models and issues of proof, including the role of statistical and epidemiological evidence, in order to isolate the problem of evidential uncertainty more precisely. Application of Richard Wright's NESS test to a range of English caselaw shows it to be more comprehensive than the 'but for' test that currently dominates, thereby reducing the need to resort to additional tests, such as the Wardlaw test of material contribution to harm, whose scope and meaning are uncertain. The book builds on this foundation to explore the solution to a range of problems of evidential uncertainty, focusing on the Fairchild principle and the idea of risk as damage, as well as the notion of loss of a chance in medical negligence which is often seen as analogous with 'increase in risk', in an attempt to bring coherence to this area of the law. (Series: Hart Studies in Private Law) Subject: Contract Law, Tort Law, Commercial Law, Restitution Law, Legal Philosophy]
Автор: Sharon Erbacher Название: Negligence and Illegality ISBN: 1509929789 ISBN-13(EAN): 9781509929788 Издательство: Bloomsbury Academic Рейтинг: Цена: 5542.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book examines claims in negligence arising from illegal conduct of the claimant. An array of public policy and other grounds have been advanced for resolving these claims, resulting in an area that is characterised by confusing and contradictory case law. The book analyses the various explanations put forward as the basis for illegality doctrine within a framework of corrective justice theory. Illegality law poses particular challenges for the corrective justice explanation of negligence law, as many illegality tests are based on public policy considerations external to the relationship of the parties. The book argues that the only circumstance where illegality doctrine should be applied to deny a claim is where this is necessary to preserve the coherence of the legal system. It develops the work of Ernest Weinribian corrective justice theorists to explain how the principle of legal coherence fits within the framework of corrective justice theory, and why legal coherence is the only valid conceptual basis for a doctrine of illegality. It also contains a detailed study on the scope of the coherence rationale and the principles that will determine its application.
Автор: Jonathan R.H.H. Pockson Название: Accountants` Professional Negligence ISBN: 0333278453 ISBN-13(EAN): 9780333278451 Издательство: Springer Рейтинг: Цена: 7685.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Автор: Goudkamp James Название: Contributory Negligence in the Twenty-First Century ISBN: 0198814240 ISBN-13(EAN): 9780198814245 Издательство: Oxford Academ Рейтинг: Цена: 20196.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The authors report a wide-ranging empirical study of how the contributory negligence doctrine is handled by the courts. This is based on 572 first instance decisions on contributory negligence from across the UK, and 130 appellate decisions.
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