Chapter

The law of uncivil actions

Ann Oakley

in Fracture

Published by Policy Press

Published in print April 2007 | ISBN: 9781861349378
Published online March 2012 | e-ISBN: 9781447302360 | DOI: http://dx.doi.org/10.1332/policypress/9781861349378.003.0009
The law of uncivil actions

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Personal injury cases are ‘the heart and soul’ of tort law — the law of ‘civil wrongs’ that decides when people should be financially compensated for adverse events that happen to their bodies or their minds. This chapter recounts the Oakley v White Creek Lodge case. The case is not only about the law relating to accidental injury, but it's also about how bodies feature in legal systems. The chapter criticizes the US litigation industry and stipulates that the reasons behind why lawyers flourish in the USA is because the welfare system leaves many holes that injury compensation can fill and legal practice was deregulated in the 1970s, so that, for the first time, lawyers were able to advertise their services and tout for business.

Keywords: personal injury; tort law; Oakley v White Creek case; accidental injury; legal systems; USA

Chapter.  5709 words. 

Subjects: Social Theory

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