Download Shifts in Compensation between Private and Public Systems by Willem H. van Boom, Michael Faure PDF

By Willem H. van Boom, Michael Faure

The ultimate quantity during this sequence addresses, at the one hand, the problems in relation to ‘shifts’ in reimbursement structures at a extra common point, and however, addresses shifts particularly domain names. The publication deals an overarching research of tort legal responsibility and no-fault reimbursement as concerning different shifts in reimbursement structures. It brings jointly legal professionals and economists hence offering a multidisciplinary method of tort legislation and replacement tools.

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Duff/M. Trebilcock, Exploring the Domain of Accident Law: Taking the Facts Seriously (1996) 5–12. J. J. Weinrib, The Idea of Private Law (1995). P. Cane, Atiyah’s Accidents Compensation and the Law (6th ed. 1999) 356–357. For an influential exposition of the argument, see W. 1972), chap. 5. G. Zarb, ‘Social Security and Mental Health: Defining the Issues’ in G. ), Social Security and Mental Health (1996) 3–10. A Framework for Analysis 33 3. Market Failure There are, of course, voluntary methods of providing compensation for accident victims which do not require legal intervention.

New York Central Railroad v White (1917) 243 US 188. C. Fisher, American Experience with Workmen’s Compensation (1920) 10 American Economic Review 18. S. Malone, The Mississippi Workmen’s Compensation Act in Prospect, (1949) 20 Miss. J. 137. For general historical surveys, see A. Q. B. W. V. E. Kantor, A Prelude to the Welfare State: The Origins of Workers’ Compensation (2000). > Industry Commission (fn. 6) 34. 6 46 K. Oliphant cifically to economic or non-economic losses. 15 7 Workers’ compensation no longer maintains a distinct institutional identity in Britain or New Zealand – in contrast with Australia, Canada and the United States.

We gratefully acknowledge the assistance by both ECTIL and RIPL in hosting and supporting these events and finalizing this volume. Linguistic assistance was provided by Suja Suryanarayanan (Law Faculty, Erasmus University Rotterdam) and Donna Stockenhuber (European Centre of Tort and Insurance Law, Vienna). 74 Part I General Shifts in Governance for Compensation to Damage: A Framework for Analysis Anthony Ogus * I. Introduction The purpose of the “shifts in governance” project is to examine, from a comparative perspective, the changing relationships between private law and public law systems of compensation, concentrating on some key areas where accidents have been prevalent and compensation systems have been most developed.

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