Evidential Uncertainty in Causation in Negligence
Evidential Uncertainty in Causation in Negligence

Author: Gemma Turton

Publisher: Bloomsbury Publishing

Published: 2016-05-19

Total Pages: 442

ISBN-13: 1509900330

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This book undertakes an analysis of academic and judicial responses to the problem of evidential uncertainty in causation in negligence. It seeks to bring clarity to what has become a notoriously complex area by adopting a clear approach to the function of the doctrine of causation within a corrective justice-based account of negligence liability. It first explores basic causal models and issues of proof, including the role of statistical and epidemiological evidence, in order to isolate the problem of evidential uncertainty more precisely. Application of Richard Wright's NESS test to a range of English case law shows it to be more comprehensive than the 'but for' test that currently dominates, thereby reducing the need to resort to additional tests, such as the Wardlaw test of material contribution to harm, the scope and meaning of which are uncertain. The book builds on this foundation to explore the solution to a range of problems of evidential uncertainty, focusing on the Fairchild principle and the idea of risk as damage, as well as the notion of loss of a chance in medical negligence which is often seen as analogous with 'increase in risk', in an attempt to bring coherence to this area of the law.

Tort Law
Tort Law

Author: Keith N. Hylton

Publisher: Cambridge University Press

Published: 2016-06-06

Total Pages: 465

ISBN-13: 1316598497

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Tort Law: A Modern Perspective is an advanced yet accessible introduction to tort law for lawyers, law students, and others. Reflecting the way tort law is taught today, it explains the cases and legal doctrines commonly found in casebooks using modern ideas about public policy, economics, and philosophy. With an emphasis on policy rationales, Tort Law encourages readers to think critically about the justifications for legal doctrines. Although the topic of torts is specific, the conceptual approach should pay dividends to those who are interested broadly in regulatory policy and the role of law. Incorporating three decades of advancements in tort scholarship, Tort Law is the textbook for modern torts classrooms.

Pharmacy Practice and Tort Law
Pharmacy Practice and Tort Law

Author: Fred Weissman

Publisher: McGraw Hill Professional

Published: 2016-06-22

Total Pages: 224

ISBN-13: 1259640965

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The only comprehensive tort law book featuring real-life federal cases for the practicing pharmacist As tort law and tort liability cases, both civil and administrative, continue to increase in the pharmacy practice, now more than ever, it is imperative for students and practitioners to understand the civil liability a pharmacist may face. Between intentional torts, negligence, vicarious liability, defamation, invasion of privacy, and more, practitioners and practitioners-to-be need to grasp the intricacies of the law in this landscape of increased litigation. Pharmacy Practice and Tort Law introduces students not only to the civil action cases related to pharmacy practice, but also provides explanation on how tort rules apply to the facts of a given case. Each type of civil action is described in detail, outlining the elements that must be proven for successful litigation, followed by detailed explanation of actual federal cases and their outcomes, illustrating how a case can be successful or unsuccessful.

Causation in European Tort Law
Causation in European Tort Law

Author: Marta Infantino

Publisher: Cambridge University Press

Published: 2017-12-28

Total Pages: 785

ISBN-13: 1108418368

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This book takes an original and comparative approach to issues of causation in tort law across many European legal systems.

Causation in Negligence
Causation in Negligence

Author: Sarah Green

Publisher: Bloomsbury Publishing

Published: 2015-01-15

Total Pages: 308

ISBN-13: 1782255214

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The principal objective of this book is simple: to provide a timely and effective means of navigating the current maze of case law on causation, in order that the solutions to causal problems might more easily be reached and the law relating to them more easily understood. The need for this has been increasingly evident in recent judgments dealing with causal issues: in particular, it seems to be ever harder to distinguish between the different 'categories' of causation and, consequently, to identify the legal test to be applied on any given set of facts. Causation in Negligence will make such identification easier, both by clarifying the parameters of each category and mapping the current key cases accordingly, and by providing one basic means of analysis which will make the resolution of even the thorniest of causal issues a straightforward process. The causal inquiry in negligence seems to have become a highly complicated and confused area of the law. As this book demonstrates, this is unnecessary and easily remedied.

Proof of Causation in Tort Law
Proof of Causation in Tort Law

Author: Sandy Steel

Publisher: Cambridge University Press

Published: 2015-09-11

Total Pages: 461

ISBN-13: 1107049105

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A clear, critical analysis of proof of causation in the law of tort in England, France and Germany.

Unravelling Tort and Crime
Unravelling Tort and Crime

Author: Matthew Dyson

Publisher: Cambridge University Press

Published: 2014-07-17

Total Pages: 465

ISBN-13: 1139993356

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Tort law and criminal law are closely bound together but their relationship rarely receives sustained and rigorous scrutiny. This is the first significant project in England and Wales to address that shortcoming. Building on growing interest amongst both academics and practitioners in the relationship between tort and crime, it draws together leading experts to chart the field and explore key points of interest. It uses a range of perspectives from legal theory, doctrine, legal history and comparative law to address some of the most important and interesting links between tort and crime. Examples include how the illegality defence operates to avoid stultification of the law, the difference between criminal and civil causation, how the Motor Insurers' Bureau not only insures but acts to enforce laws and alter behaviour, and why civil law only very rarely restores specific property but the criminal law does it daily.

Tort Law
Tort Law

Author: Mark Lunney

Publisher: Oxford University Press

Published: 2008

Total Pages: 1059

ISBN-13: 0199211361

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Each section begins with a clear overview of the key points of the law, before fully explaining and illustrating the topic through substantial case extracts and further commentary."--BOOK JACKET.

Causation in Law and Medicine
Causation in Law and Medicine

Author: Danuta Mendelson

Publisher: Routledge

Published: 2017-03-02

Total Pages: 478

ISBN-13: 1351953028

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Causation is an issue that is fundamental in both law and medicine, as well as the interface between the two disciplines. It is vital for the resolution of a great many disputes in court concerning personal injuries, medical negligence, criminal law and coronial issues, as well as in the provision of both diagnoses and treatment in medicine. This book offers a vital analysis of issues such as causation in law and medicine, issues of causal responsibility, agency and harm in criminal law, causation in forensic medicine, scientific and statistical approaches to causation, proof of cause, influence and effect, and causal responsibility in tort law. Including contributions from a number of distinguished doctors, lawyers and scientists, it will be of great interest and value to academics and practitioners alike.

Litigation Services Handbook
Litigation Services Handbook

Author: Roman L. Weil

Publisher: John Wiley & Sons

Published: 2012-07-10

Total Pages: 1022

ISBN-13: 1118237404

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Here’s all the information you need to provide your clients with superior litigation support services. Get up to speed quickly, with the aid of top experts, on trial preparation and testimony presentation, deposition, direct examination, and cross-examination. Authoritative and highly practical, this is THE essential guide for any financial expert wanting to prosper in this lucrative new area, the lawyers who hire them, and litigants who benefit from their efforts. "This work of amazing breadth and depth covers the central issues that arise in financial expert testimony. It is an essential reference for counsel and practitioners in the field."—Joseph A. Grundfest, The William A. Franke Professor of Law and Business, Stanford Law School; former commissioner, United States Securities and Exchange Commission.