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Challenging views of tort: Part 1

Lewis, Richard Kurt and Morris, Annette 2013. Challenging views of tort: Part 1. Journal of Personal Injury Law (2) , pp. 69-80.

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Abstract

This, the first of a two-part article, derives notions about tort law from traditional accounts of justice and contrasts the realities of personal injury practice that: (1) tort law is universal in application; (2) claims are often brought and defended by individuals; (3) they are determined in court by judges, aided by lawyers and juries; (4) tort liability largely depends on proof of fault and findings of law; (5) tort cases reflect the requirements of due process and fairness; (6) tort focuses on compensating financial loss and serious injuries; and (7) tort awards full compensation for losses.

Item Type: Article
Date Type: Publication
Status: Published
Schools: Law
Subjects: K Law > KD England and Wales
Uncontrolled Keywords: Tort; Personal injury claims; Accidents; Damages; Compensation culture; Conditional fee agreements; Road traffic; Employer’s liability; Clinical negligence; Liability insurance
Publisher: Sweet and Maxwell
ISSN: 1352-7533
Last Modified: 04 Jun 2017 05:34
URI: http://orca.cf.ac.uk/id/eprint/52115

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