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Liability in tort and the regulation of safety are considered as means of controlling accident risks using the instrumentalist, economic method of analysis.Four general determinants of the relative social desirability of liability and regulation are first identified--differences in knowledge about risky activities as between a social authority and private parties; the possibility that parties would not be able to pay fully for harm done; the chance that they would not face suit for harm done; and administrative costs. On the basis of analysis of these determinants, it is suggested that the choices observed to be made between liability and regulation are, when broadly viewed, socially rational: Notably, activities that create the risk of the typical tort and that are little regulated characteristically display features leading us to say that they ought to be controlled mainly by liability. And activities that are much regulated -- especially ones involving significant hazards to health or to the environment -- ought to be directly constrained in important ways, taking into account their usual features.
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Accident law --- Damages --- Accident law. --- Damages. --- France.
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Now in its ninth edition, Atiyah's Accidents, Compensation and the Law explores the recent and continuous developments in personal injury law by applying social context to the relevant legal principles. Those principles remain in need of radical reform. Updates to the text include discussion of the major changes to the way compensation is calculated and claimed, evolving funding arrangements for personal injury litigation, and dramatic shifts in the claims management industry. Suitable for both undergraduate and postgraduate students taking courses in tort law, this new edition balances theory, practice and context. It draws on new legislation, research and case law to offer the reader thought-provoking examples and analysis.
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Accident law --- Contracts --- Contracts
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Accident law --- Damages
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Royaume-Uni --- Accident law --- Compensation (Law) --- Accident law --- Compensation (Law)
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Accident law --- Accident law --- Accidents --- Accidents --- Droit --- Droit
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Accident law --- Contracts --- Liability (Law)
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