Workers' Compensation and Product Liability: The Interaction of a Tort and a Non-Tort Regime

Recent developments in workers' compensation and employers' liability law.

Employers’ Liability andWorkers’ Compensation: England andWales

1 An employee injured at work in the UK is able to claim not only no-fault social security benefit from the state under the industrial injuries compensation scheme, but also damages from the employer if liability in tort can be established. Use of one system of compensation does not lead to exclusion from the other; there is no ‘employer privilege’ preventing an employee claiming from both work...

تحلیلی بر خطرات معمول زندگی و نقش آن در قلمرو مسئولیت مدنی

Abstract Normal risks are limitations of social life that are different in various situations and are not separable from the essence of life. When these risks make damages to persons, the main question is that weather the approach of tort law towards the compensation of them should be different from other risks or not and what is their role in liability. In this research, after using analyti...

اثر فعل زیان دیده بر مسئولیت مدنی عامل زیان

  One of the issues long discussed in Law of Tort (civil liability) is the effect of act and fault of injured person on Tort action. In Roman law, condition that committed fault, injured person was deprived of compensation, without the type and degree of his intervention in damage occurrence being studied. In ancient Common Law this rule was governed too. But it was gradually modified in Wester...

Assessing the Insurance Role of Tort Liability after Calabresi

In his landmark 1961 article, Some Thoughts on Risk Distribution and the Law of Torts, Judge Calabresi provides a theoretical framework for analyzing tort liability as a risk-spreading device that functions in a manner similar to insurance. In our article, we examine the insurance objective of tort liability from the standpoint of modern tort law. Since Calabresi’s foundational article, there h...