000			02843nam a2200337Ia 4500
001			116382
005			20250625151220.0
008			110331s2007 eng
020			_a9780521864022
040			_aWSS _dAFV
100			_aCase, Paula _9895
245			_aCompensating child abuse in England and Wales _cCase, Paula
260			_aCambridge, UK ; New York _bCambridge University Press _c2007
300			_a312 p. ; 24 cm.
365			_a00 _b0
500			_aCitation only. No copy held in the Information Collection. You may be able to borrow this item from another library through the inter-library loan service.
505	0	0	_t1) Law, psychiatry, society and child abuse 1 2 2) Classifying abuse as a civil wrong 52 3 3) Litigation against the accuser 144 4 4) Damage, causation and quantum 199 5 5) Limitation periods 244
520			_aThis book presents a comprehensive analysis of the legal principles governing compensation for child abuse, particularly, sexual abuse, in England and Wales. The author explores the relative merits of various forms of legal action, and how compensable psychiatric damage can be proved. To facilitate reflection on the legal situation in England and Wales, there is extensive comparative discussion of these legal principles in New Zealand, Australia and Canada. The author finds that although the Accident Compensation scheme in New Zealand removes many avenues of redress in common law for personal injury; New Z eland case law shows a progressive approach to compensation for child abuse. There is discussion of the New Zealand approach to fiduciary duty, duty of care, and misfeasance in public office in the context of the irreconcilable interests of the child and the abuser. Other areas where New Zealand features as a point of comparison are in the matter of exemplary damages and limitation periods with a particular focus on New Zealand's subjective approach in cases of delayed discovery of the causal nexus between abuse and damage . In addition there is discussion of New Zealand's approach to the declaratory remedy in cases where rules of limitation have barred a claim but have not removed the underlying cause of the legal action. The author concludes that legal development in both Canada and New Zealand show that with judicial innovation, tort can contribute positively to compensation, standard setting, vindication and accountability for abuse claimants.
522			_auk
650	2	7	_2FVC _aACCIDENT COMPENSATION _930
650	2	7	_2FVC _aCHILD WELFARE _9124
650	2	7	_2FVC _aCOMPENSATION _9152
650	2	7	_2FVC _aJUSTICE _9333
650	2	7	_2FVC _aSTATUTES _9578
651		4	_aUNITED KINGDOM _92604
651			_aENGLAND _92636
651			_aWALES _92637
650	2	7	_9103 _aCHILD ABUSE _2FVC
650	2	7	_9121 _aCHILD SEXUAL ABUSE _2FVC
942			_2ddc _cBOOK
999			_c2668 _d2668