German Aircraft Industry and Production, 1933-45 by Peter G. Dancey, Franz-Antal Vajda

By Peter G. Dancey, Franz-Antal Vajda

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Bartrip/S. J. Bartrip, Workmen’s Compensation in Twentieth Century Britain: Law, History and Social Policy (1987), D. M. Lester, The Employers’ Liability/Workmen’s Compensation Debate of the 1890s Revisited (2001) 44 Historical Journal 471. R. 1030. The phrase appears to have been William Prosser’s: see Book Review (1941) 26 Minnesota L. Rev. 137, 138. P. , Prosser & Keaton on Torts (5th edn. 1984) 569. (1842) 45 Mass 49, 57. ”21 Though the rule did not provide employers with complete protection against liability to their employees – as this could still be imposed where there was a breach of the employer’s personal duties, and not just an allegation of vicarious liability for the wrongdoing of a fellow servant – it provided a very substantial measure of protection.

64 A second model is the one whereby governments largely intervene on an ad hoc basis. This means that no sooner than a catastrophe has struck, will governments decide to provide (sometimes very generous) ad hoc compensation to victims of catastrophes. This is a model for instance followed in Sweden, Germany and Italy. The amounts that are awarded under this ad hoc and ex post compensation scheme can be quite substantial. However, this model is heavily criticised both from a legal and from an economic perspective.

Faure domain where a shift is taking place, but again the direction is not clear. g. g. a direct patient insurance scheme in case of medical malpractice). 70 Medical malpractice is hence clearly an area where important questions of individual responsibility (accountability) and the legitimacy of the compensation solution arise, more particularly in the light of recent evolutions. Furthermore, today insurance markets for medical mishaps seem to play an important role in policymakers’ decisions. Sometimes, the insurance industry refuses to provide adequate cover, claiming that the risks would be largely uninsurable.

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