You may have to Search all our reviewed books and magazines, click the sign up button below to create a free account.
Despite the centrality of the contributory negligence doctrine in practice, almost nothing is known about how it functions in reality. The authors, seeking to fill this deficit in understanding, have undertaken a wide-ranging empirical study of how the doctrine is handled by the courts. They report their methodology and findings in this volume, framing their discussion within the law of contributory negligence. The study is based on 572 first instance decisions on contributory negligence from across the United Kingdom decided between 2000 and 2016, and 129 appellate decisions handed down in the same period. The analysis considers the operation of the contributory negligence doctrine at first instance and on appeal, and in a range of contextual settings, including road accidents, accidents at work, and professional negligence claims. The authors also consider how the study can be used to inform future developments in this area of law. Substantial appendices set out the key data on which the book is based, enabling academics to utilize the dataset in their own research and allowing practitioners to compare their cases easily with previously decided claims.
Despite the centrality of the contributory negligence doctrine in practice, almost nothing is known about how it functions in reality. The authors, seeking to fill this deficit in understanding, have undertaken a wide-ranging empirical study of how the doctrine is handled by the courts. They report their methodology and findings in this volume, framing their discussion within the law of contributory negligence. The study is based on 572 first instance decisions on contributory negligence from across the United Kingdom decided between 2000 and 2016, and 129 appellate decisions handed down in the same period. The analysis considers the operation of the contributory negligence doctrine at first instance and on appeal, and in a range of contextual settings, including road accidents, accidents at work, and professional negligence claims. The authors also consider how the study can be used to inform future developments in this area of law. Substantial appendices set out the key data on which the book is based, enabling academics to utilize the dataset in their own research and allowing practitioners to compare their cases easily with previously decided claims.
Accidents often occur not only through the fault of the wrongdoer but also partly through the conduct of the injured party. This contributory conduct of the injured party and its consequences for the delictual liability of the wrongdoer have been central issues in the study of private law for centuries. In Contributory Negligence. A Historical and Comparative Study Van Dongen presents a detailed study of how from Antiquity to today the negligent behaviour of the injured party has influenced claims for damages based on delictual liability and how it evolved into the modern concept of contributory negligence. His research comprises a comparative legal study of the main current developments concerning the concept of contributory negligence in France, Germany and the Netherlands.
The European Group on Tort Law aims for the formulation of common European principles on tort law. Towards that end they have undertaken a comparative examination of tort law in Europe and elsewhere. This is the eighth volume to result from their researches, concentrating on the issue of "contributory negligence." The legal principles of contributo
Offers an overview of the law of tort in Britain. This book also discusses topical issues, such as the invasion of the privacy of celebrities, and liability for medical mishaps and industrial diseases. It also covers the incorporation into English law of the European Convention on Human Rights.
This book modernizes the traditional tort law textbook by combining in-depth analysis of policy with detailed discussion of legal doctrine.
"Your client's action involves allegations of contributory negligence. How can you estimate what percentage that contributory negligence should be? How can you justify asking for a particular percentage? This book provides guidance on UK awards across a variety of areas. Coverage: Law and General Principles, Accidents at work, Assaults, Children, Miscellaneous, Product liability, Professional negligence, Road traffic accidents, Self harm, Slipping, tripping and falls, Sports, Transport. "
At the moment, judges will often have no way of knowing how judges sitting elsewhere are proceeding in relation to the size of discounts imposed for contributory negligence. This volume will assist lawyers and judges in ensuring that like contributory negligence cases are decided in a like way.
Often derided for its asymmetry, this book shows how investors can be held to account in international investment law.