TY - JOUR
T1 - When "Sorry" is the Hardest Word to Say, How Might Apology Legislation Assist?
AU - Carroll, Robyn
PY - 2014
Y1 - 2014
N2 - Apology legislation refers to statutory provisions that remove legal disincentives to offering an apology in the context of civil disputes. The legislation clarifies and, in many cases, alters what would otherwise be the legal consequences of an apology, principally by reforming the law of evidence. A principal aim of apology legislation is to encourage apologies by removing legal disincentives to apologising. Other aims are to promote the settlement and resolution of disputes and to reduce litigation. Apology legislation has been enacted in most US states, each state and territory in Australia, in England and Wales, in most Canadian provinces and territories, and has been considered in Scotland. Apology legislation is currently being considered by the Department of Justice, Hong Kong Special Administrative Region Government. This article identifies a number of matters that need to be considered when introducing apology legislation to assist in the resolution of legal disputes.
AB - Apology legislation refers to statutory provisions that remove legal disincentives to offering an apology in the context of civil disputes. The legislation clarifies and, in many cases, alters what would otherwise be the legal consequences of an apology, principally by reforming the law of evidence. A principal aim of apology legislation is to encourage apologies by removing legal disincentives to apologising. Other aims are to promote the settlement and resolution of disputes and to reduce litigation. Apology legislation has been enacted in most US states, each state and territory in Australia, in England and Wales, in most Canadian provinces and territories, and has been considered in Scotland. Apology legislation is currently being considered by the Department of Justice, Hong Kong Special Administrative Region Government. This article identifies a number of matters that need to be considered when introducing apology legislation to assist in the resolution of legal disputes.
UR - http://heinonline.org/HOL/Page?handle=hein.journals/honkon44&id=493&collection=journals&index=
M3 - Article
VL - 44
SP - 491
EP - 517
JO - Hong Kong Law Journal
JF - Hong Kong Law Journal
SN - 0378-0600
IS - 2
ER -