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PART II How Negligence Norms Respond to Particular Harms

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PART I Underexplored Ideas Within the Core of Negligence

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Introduction Responding effectively to interferences with autonomy has been an ongoing challenge for tort law, particularly in the context of medical negligence. 1 These challenges have meant that some claimants who have clearly suffered harm have been denied relief, 2 some have been provided compensation on a questionable basis 3 and some have seen standard concepts of negligence stretched to fit challenging, unique situations. 4 While this may not, at first blush, appear to be too concerning, it has important ramifications for the coherence and

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Introduction This chapter explores the conception of the subject within negligence law in England and Wales and the extent to which it aligns with the conception operating in human rights law. The development of positive obligations under the European Convention on Human Rights (ECHR) highlights the shifts in the conception of the subject in human rights law, providing a powerful contrast to the original emphasis of the Convention on preventing state interference with rights. The related area of negligence liability addresses duties of care where failures

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premised on the ability to prove actual medical negligence, as well as tangible damages suffered because of damages, the motivations for taking legal action are often not constrained to a desire for financial compensation. As studies on the uptake of medical negligence cases show, in many instances, these cases come as a response to the failure of medical personnel and their health institutions to adequately acknowledge the harm done to patients and offer what the patients perceive as genuine remorse, contrition, and acknowledgement of their pain. The uptake in medical

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investigating cartels. Case Study 1: The sale and servicing of cash registers in Hungary Introducing the market for the sale and servicing of cash registers, we uncover the failures of state involvement and the limits of its possible control. The HCA conducted major investigations against cash register companies. We present how state negligence after the regime change resulted in cartelism. The first chosen case was initiated against György Sipos, who worked as a service technician in the field of cash registers (Hungarian Competition Authority, 2000 ). At the

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177 TEN Wilful negligence: migration policy, migrants’ work and the absence of social protection in the UK Mick Wilkinson and Gary Craig Introduction In this chapter we explore important issues concerned with the social exclusion and social segregation of migrant workers in the UK. Our main argument is that social and employment protection for this group of workers is often inadequate and that the UK government has a moral obligation to address these deficits. We argue that the UK has one of the least regulated labour markets of all ‘developed’ economies

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recovery for pure economic loss under Hedley Byrne reflects a progressive political agenda. With respect to Barker, in this chapter I want to challenge this idea. Instead, I maintain, aspects of this area of law might be a result of a clash between two policies, namely freedom of contract and encouraging property markets, that reflect a (neo)liberal political agenda. To do this, let me begin by setting out the principle and two recalcitrant cases in its application. The principle in Hedley Byrne The general rule in negligence is that a defendant owes no duty of

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those in marginalised groups? 3 The Grenfell Tower fire provides a further example. If it is established the fire was caused or worsened by direct result of negligence and/or misfeasance in relation to building permissions, construction, design and manufacture, 4 then, as well as residents injured or killed in the tragedy, should those who attempted to help them be compensated in respect of both physical and psychiatric injuries they suffered? 5 And what about where the law itself fails? Should tort law step in to address failures in the criminal law, especially in

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considerations in finding and valuing a deodand seem to have included mischief, negligence, retribution and proximity. 13 Juries manipulated items said to have caused death – and the values of those objects – and ‘tailored their findings to each individual case’. 14 This characteristic of the deodand, and the way in which it was tailored to each individual death, is what constitutes it as a device capable of producing a form of contextual explanation (and therefore accountability) for an individual death. It is otherwise difficult to understand the deodand of a ladder in

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