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Negligence

See below for a selection of the latest books from Negligence category. Presented with a red border are the Negligence books that have been lovingly read and reviewed by the experts at Lovereading. With expert reading recommendations made by people with a passion for books and some unique features Lovereading will help you find great Negligence books and those from many more genres to read that will keep you inspired and entertained. And it's all free!

Beyond the Negligence Paradigm Developing a Regulatory Ergonomic Approach to Error and Injury

Beyond the Negligence Paradigm Developing a Regulatory Ergonomic Approach to Error and Injury

Author: Nicolette (Cardiff Univeristy, UK) Priaulx Format: Hardback Release Date: 01/06/2019

Beyond the Negligence Paradigm offers a novel engagement with key problems and failings which have long been identified with the operation of the negligence system. Connecting a broad range of critical approaches in private legal theory that laments the disconnection between negligence and the 'real world', the author analyses the various obstacles - including the very nature of law and scientific knowledge - which make inevitable a difficult and incomplete intersection. Illustrating how a stronger appreciation of the nature of science helps to achieve a better appreciation of law, in particular underpinning the importance of exploring non-legal approaches, the author seeks to provide a fresh vantage point from which policy-makers and socio-legal scholars can identify new and more honest strategies for addressing and managing the incidence of error, accidents and injury. Recommending a de-centring of negligence-style thinking, the work argues in favour of a more open-ended inquiry about the mechanics of social life and our ignorance of it.

Negligence and Illegality

Negligence and Illegality

Author: Sharon Erbacher Format: Paperback / softback Release Date: 30/05/2019

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.

Professional Conduct Casebook Third Edition

Professional Conduct Casebook Third Edition

Author: Kenneth (Barrister of the Inner Temple and Recorder of the Crown Court) Hamer Format: Paperback / softback Release Date: 18/04/2019

There are approximately 100 new cases each year coming before the higher courts dealing with regulatory and disciplinary issues. Cases involving health care professionals, the legal and accountancy professions and the police, including the Independent Police Complaints Commission, are heard daily in the Administrative Court in London or in Manchester, and cases concerning financial services are regularly heard in the Upper Tribunal. Frequently cases go on appeal to the Court of Appeal and occasionally to the Supreme Court. Additionally, cases involving issues of professional conduct are heard in the Court of Session in Scotland and the High Court in Northern Ireland. Now in its third edition, Kenneth Hamer's Professional Conduct Casebook is a leading authority and continues to be the only book to provide comprehensive coverage of the growing body of case law in this developing area. Containing 85 chapters in an easy-to-use A-Z format, it analyses all key professional conduct and competence cases in one single volume, distilling the general principles from the legislative framework and offering lucid and informed summaries for today's busy practitioner. Key words included in the margin beside each case enables the reader to see at a glance the critical features of the case in question. The book covers every issue arising in the course of professional conduct proceedings, from absence of the practitioner through to the unrepresented practitioner and witnesses. The author expertly identifies all of the relevant source material that needs to be considered when confronted by a specific issue, and provides clear, practical guidance. Each chapter examines the legal framework of all the applicable statutory and non-statutory provisions, details any relevant guideline remarks which set out general principles, and summarizes all relevant case law. The book is an indispensable source of reference for every regulatory and disciplinary lawyer, and all professionals engaged in this work.

Contributory Negligence in the Twenty-First Century

Contributory Negligence in the Twenty-First Century

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.

The Statutory Foundations of Negligence

The Statutory Foundations of Negligence

Author: Mark Leeming Format: Hardback Release Date: 21/01/2019

This work explains how statutes underpin and inform the whole of the law of negligence. Although the civil liability legislation has highlighted the foundational role of statutes, in truth this has been the case for many decades. The book shows how throughout the entirety of the law of negligence - including duty, breach, causation, contributory negligence, statutory contribution, proportionate liability and damages - statutes have been responsible for the law as it is now understood and practised. In particular, the law of causation, of damages for mental harm and the immunity of highway authorities are shown to have been deeply informed by statute. The book's purpose is both educational and practical. While it will strengthen the reader's conceptual understanding of the complex ways in which statutes and the common law interact to produce the law of negligence, the book is far from a work of abstract theory. On the contrary, its focus is on the very significant practical consequences that flow from the interaction.

Contributory Negligence Principles and Practice

Contributory Negligence Principles and Practice

Despite the centrality of the contributory negligence doctrine in practice, very little is known about how it functions in reality. This volume provides legal practitioners with a one-stop-shop where they can find a clear and succinct exposition of the legal principles governing contributory negligence alongside an empirically informed analysis of the way that the doctrine operates in various recurrent factual scenarios, based on cases decided between 1998 and 2017. For each of the given recurring acts of contributory negligence, the average discount, the range of discounts, and the distribution of discounts are reported. These statistics are supplemented by way of illustrations drawn from the case law. Short summaries of typical cases for the relevant act of contributory negligence are given, along with summaries of cases that fall towards the higher and lower ends of the range of discounts. This concise book will assist courts and practitioners in understanding this area of the law, and in applying a consistent approach when assessing, in the most common types of case, the extent to which damages should be reduced for contributory negligence. It is greatly to be welcomed. - The Rt Hon Lord Reed (from the Foreword)

Evidential Uncertainty in Causation in Negligence

Evidential Uncertainty in Causation in Negligence

Author: Gemma Turton Format: Paperback / softback Release Date: 01/11/2018

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.

The Duty of Care in Negligence

The Duty of Care in Negligence

Author: James Plunkett Format: Hardback Release Date: 08/02/2018

This book aims to provide a detailed analysis and overview of the duty of care enquiry, drawing on both academic analyses and judicial experience in leading common law systems. A new structure through which duty problems can be analysed is also proposed. It is hoped that the book provides some fresh insights and clarity of the concept to the reader.

The Law of Misstatements 50 Years on from Hedley Byrne v Heller

The Law of Misstatements 50 Years on from Hedley Byrne v Heller

Author: Kit Barker Format: Paperback / softback Release Date: 30/11/2017

2013 was the 50th anniversary of the House of Lords' landmark decision in Hedley Byrne v Heller. This international collection of essays brings together leading experts from five of the most important jurisdictions in which the case has been received (the United Kingdom, the United States, New Zealand, Canada and Australia) to reappraise its implications from a number of complementary perspectives-historical, theoretical, conceptual, doctrinal and comparative. It explores modern developments in the law of misstatement in each of the jurisdictions; examines the case's profound effects on the conceptual apparatus of the law of negligence more generally; explores the intersections between misstatement liabilities in contract, tort, equity and under statutory consumer protection provisions; and critically assesses the ways in which advisor liabilities have come to be limited and distributed under systems of `joint and several' and `proportionate' liability respectively. Inspired by Hedley Byrne, the purpose of the collection is to reflect on the case's echoes, effects and analogues throughout the private law and to provide a platform for thinking about the ways in which liabilities for misstatement and pure economic loss should be modelled in the modern day.

Negligence and Illegality

Negligence and Illegality

Author: Sharon Erbacher Format: Hardback Release Date: 26/01/2017

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.

Evidential Uncertainty in Causation in Negligence

Evidential Uncertainty in Causation in Negligence

Author: Gemma Turton Format: Hardback Release Date: 19/05/2016

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.

Mason's Forensic Medicine for Lawyers

Mason's Forensic Medicine for Lawyers

Author: Helen L. Whitwell, Katy Thorne, Alexander Kolar, Paul Harvey Format: Paperback / softback Release Date: 30/09/2015

The essential and accessible introductory guide to forensic medicine for legal practitioners, particularly those in criminal law. Designed also to guide medical experts through the various UK legal and court systems, it deals with definitions of offences, the investigation of sudden deaths and the key duties of the expert who gives evidence in court. This sixth edition covers: -An introduction to relevant clinical terms, the systems of the body and autopsy procedure -Chapters on the main areas of forensic medicine including injuries from assaults, firearms, asphyxia, water and fire -Specialist chapters on non-accidental injury to children, sexual offences, odontology, toxicology and the care of detainees -All the relevant statutory and common law offences -The Coroners and Justice Act 2009 in conjunction with the relevant Rules and Guidance The Criminal and Civil Procedure Rules and relevant case law on the role and duties of expertsPrimary and secondary legislation relating to care of detainees and investigation of deaths in custody (e.g. Police and Criminal Evidence Act 1984) Completely revised, this new edition is written from the viewpoint of the legal practitioner and medical expert witness. To this end it provides practical guidance, including diagrams on new developments and problem areas in forensic medicine. It also offers suggestions for further reading which will enable the practitioner to understand expert reports as well as identify potential areas where further expertise is necessary.