Shifts in Compensation between Private and Public Systems Tort and Insurance Law 1st Edition by Willem H Boom, Michael Faure ISBN 3211715533 978-3211715536 by Willem H. Van Boom, Michael Faure 3211715533, 9783211715536 instant download after payment.

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ISBN 10: 3211715533

ISBN 13: 978-3211715536 

Author:  Willem H. Boom, Michael Faure 

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.

Table of contents:

1. Introducing “Shifts in Compensation Between Private and Public Systems”

2. Shifts in Governance for Compensation to Damage: A Framework for Analysis

3. Landmarks of No-Fault in the Common Law

4. (Un)insurability and the Choice between Market Insurance and Public Compensation Systems

5. Shifts in the Compensation of Medical Adverse Events

6. Shifts from Liability to Solidarity: The Example of Compensation of Birth Defects

7. International Social Insurance for Natural Disasters?

8. Policing the Compensation of Victims of Catastrophes: Combining Solidarity and Self-Responsibility

9. Concluding Remarks

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