Uncertain Causation in Tort Law
Uncertain Causation in Tort Law

Author: Miquel Martín-Casals

Publisher: Cambridge University Press

Published: 2015-11-19

Total Pages: 351

ISBN-13: 1316425487

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This discussion of causal uncertainty in tort liability adopts a comparative approach in order to highlight the important normative, epistemological and procedural implications of the various proposed solutions. Occupying a middle ground between the legal perspective and the philosophical views that are at stake when it comes to the resolution of tort law cases in a context of causal uncertainty, the arguments will be of great interest to legal scholars, legal philosophers and advanced tort law students.

Tort Liability Under Uncertainty
Tort Liability Under Uncertainty

Author: Ariel Porat

Publisher: Oxford University Press, USA

Published: 2001

Total Pages: 236

ISBN-13: 9780198267973

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Providing a comprehensive and principled account of the uncertainty problem that arises in tort litigation, this text critically examines the existing doctrinal solutions of the problem, as evolved in England, United States, Canada & Israel.

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.

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.

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.

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.

Uncertain Causation in Tort Law
Uncertain Causation in Tort Law

Author: Miquel Martín-Casals

Publisher: Cambridge University Press

Published: 2015-11-19

Total Pages: 351

ISBN-13: 1107128366

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This discussion of causal uncertainty in tort liability shows the important normative, epistemological and procedural implications of the various proposed solutions, and will be of interest to legal scholars, legal philosophers and advanced tort law students.

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.

Corrective Justice
Corrective Justice

Author: Ernest J. Weinrib

Publisher: Oxford University Press

Published: 2012-09-20

Total Pages: 365

ISBN-13: 0199660646

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Private law governs our most pervasive relationships: the wrongs we do one another, the contracts we make and break, and the property we own. This book analyses the deepest questions about the law's foundations, showing how a distinctive notion of justice, 'corrective justice', describes the special morality intrinsic to private law.

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: 1316381072

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Causation is a foundational concept in tort law: in claims for compensation, a claimant must demonstrate that the defendant was a cause of the injury suffered in order for compensation to be awarded. Proof of Causation in Tort Law provides a critical, comparative and theoretical analysis of the general proof rules of causation underlying the tort laws of England, Germany and France, as well as the exceptional departures from these rules which each system has made. Exploring the different approaches to uncertainty over causation in tort law, Sandy Steel defends the justifiability of some of these exceptions, and categorises and examines the kinds of exceptional rules suggested by the case law and literature. Critically engaged with both the theoretical literature and current legal doctrine, this book will be of interest to private law scholars, judges and legal practitioners.