Shifts in Compensation between Private and Public Systems (Tort and Insurance Law)
Contributors: Willem H. van Boom (Editor); Michael Faure (Editor)
Edition: 1 edition
Publisher: Springer; Springer-Verlag/Wien
Published: October 23, 2007
Language: eng
Format: Hardcover
Number of pages: 246
ISBN-13: 9783211715536
Subjects: Civil law (general works); Torts / delicts; Law; Legal Reference / Law Profession; Business Law; Civil Law; International; Law / Civil Law; Tort Law; Torts; Compensation (Law); Liability (Law); Malpractice; Medical personnel
Description: Why have some legal systems abandoned tort law in some areas and replaced it with some form of no-fault compensation scheme or strict liability? What have been the effects? How should we evaluate these "shifts" ? Why have they not been adopted in other countries? These questions have been the focus of the "Shifts in Compensation" research project and this is the final volume in this series, addressing, on the one hand , the issues relating to "shifts" in compensation systems at a more general level, and on the other hand, addressing shifts in particular domains. The papers examining the shifts at a more general level provide a framework for the analysis of the various shifts and explain the shifts towards an increasing use of strict liability and no-fault regimes. To what extent shifts in compensation can be explained by insurance markets and their relative flexibility is also dealt with. In addition, shifts in the specific areas of medical mishaps and disasters are also examined. This book brings together lawyers and economists from various jurisdictions thus providing a multidisciplinary approach to tort law and alternative instruments.