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Author: Ariel Porat
Publisher: Oxford University Press, USA
Published: 2001
Total Pages: 236
ISBN-13: 9780198267973
DOWNLOAD EBOOK →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.
Author: Miquel Martín-Casals
Publisher:
Published: 2016
Total Pages: 352
ISBN-13: 9781316427439
DOWNLOAD EBOOK →Discusses causal uncertainty in tort liability and shows the important normative, epistemological and procedural implications of the various proposed solutions.
Author: Sandy Steel
Publisher: Cambridge University Press
Published: 2015-09-11
Total Pages: 461
ISBN-13: 1107049105
DOWNLOAD EBOOK →A clear, critical analysis of proof of causation in the law of tort in England, France and Germany.
Author: Kenneth S. Abraham
Publisher: Harvard University Press
Published: 2008-03-31
Total Pages: 287
ISBN-13: 0674265548
DOWNLOAD EBOOK →Kenneth Abraham explores the development and interdependency of the tort liability regime and the insurance system in the United States during the twentieth century and beyond, including the events of September 11, 2001. From its beginning late in the nineteenth century, the availability of liability insurance led to the creation of new forms of liability, heavily influenced expansion of the liabilities that already existed, and continually promoted increases in the amount of money that was awarded in tort suits. A “liability-and-insurance spiral” emerged, in which the availability of liability insurance encouraged the imposition of more liability, and, in turn, the imposition of liability encouraged the further spread of insurance. Liability insurance was not merely a source of funding for ever-greater amounts of tort liability. Liability insurers came to dominate tort litigation. They defended lawsuits against their policyholders, and they decided which cases to settle, fight, or appeal. The very idea behind insurance––that spreading losses among large numbers of policyholders is desirable––came to influence the ideology of tort law. To serve the aim of loss spreading, liability had to expand. Today the tort liability and insurance systems constantly interact, and to reform one the role of the other must be fully understood.
Author: Israel Gilead
Publisher: Walter de Gruyter
Published: 2013-10-14
Total Pages: 396
ISBN-13: 3110282585
DOWNLOAD EBOOK →Causal uncertainty is a wide-spread phenomenon. Courts are often unable to determine whether a defendant’s tortious conduct was a factual cause of a plaintiff’s harm. Yet, sometimes courts can determine the probability that the defendant caused the plaintiff’s harm, although often there is considerable variance in the probability estimate based on the available evidence. The conventional way to cope with this uncertainty has been to apply the evidentiary rule of ‘standard of proof’. The application of this ‘all or nothing’ rule can lead to unfairness by absolving defendants who acted tortiously and may also create undesirable incentives that result in greater wrongful conduct and injustice to victims. Some courts have decided that this ‘no-liability’ outcome is undesirable. They have adopted rules of proportional liability that compensate plaintiffs according to the probability that their harm was caused by the defendant’s tortious conduct. In 2005 the Principles of European Tort Law (PETL) made a breakthrough in this regard by embracing rules of proportional liability. This project, building on PETL, endeavours to make further inquiries into the desirable scope of proportional liability and to offer a more detailed view of its meaning, implications, and ramifications.
Author: Miquel Martín-Casals
Publisher: Cambridge University Press
Published: 2015-11-19
Total Pages: 343
ISBN-13: 1316425487
DOWNLOAD EBOOK →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.
Author: Gemma Turton
Publisher: Bloomsbury Publishing
Published: 2016-05-19
Total Pages: 419
ISBN-13: 1509900330
DOWNLOAD EBOOK →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.
Author: Kenneth S. Abraham
Publisher: West Publishing Company
Published: 1997
Total Pages: 320
ISBN-13:
DOWNLOAD EBOOK →Every student of tort law can benefit from a concise analysis of the cases and the issues that are covered in the course. [The author] covers all the major cases and the issues they raise, not only explaining the cases themselves, but also analyzing their implications. This book addresses both rules and policy, giving the student an indispensable advantage. Here you will find the key to understanding all the principal areas of tort law. -Back cover. Although [the author] expects that the book will be used mainly by first-year law students, it may also be of use to upper-class students and practitioners seeking an overview of a particular area of tort law. -Pref.
Author: Omri Ben-Shahar
Publisher: Cambridge University Press
Published: 2010-08-16
Total Pages:
ISBN-13: 1139493302
DOWNLOAD EBOOK →Representing an unprecedented joint effort from top scholars in the field, this volume collects original contributions to examine the fundamental role of 'fault' in contract law. Is it immoral to breach a contract? Should a breaching party be punished more harshly for willful breach? Does it matter if the victim of breach engaged in contributory fault? Is there room for a calculus of fault within the 'efficient breach' framework? For generations, contract liability has been viewed as a no-fault regime, in sharp contrast to tort liability. Is this dichotomy real? Is it justified? How do the American and European traditions compare? In exploring these and related issues, the essays in this volume bring together a variety of outlooks, including economic, psychological, philosophical, and comparative approaches to law.
Author: Michael Faure
Publisher: Edward Elgar Publishing
Published: 2009-01-01
Total Pages: 565
ISBN-13: 1848447302
DOWNLOAD EBOOK →The central goal of this book is to provide a state-of-the-art overview of the literature with respect to the economic analysis of tort law. It sure meets the challenge, offering with great expertise a comprehensive presentation of tort law in both economic and comparative perspectives. The clarity of the text, unusual in the law and economics literature, makes the book accessible to a broad readership of economists with a limited legal background and lawyers with limited economic skills. Olivier Moreteau, Louisiana State University, US Tort Law and Economics, ed. Michael Faure, provides a highly useful economic overview of the most important topics of tort law. The authors clearly show the main developments of the discussion, examining the results of recent studies and stating their own opinions. Detailed bibliographies are included. The volume has to be warmly recommended to friends and foes of economic analysis who are provided with a comprehensive update in this field while also indicating areas which critics have to focus on. Helmut Koziol, European Centre of Tort and Insurance Law, Austria This volume provides a state-of-the-art overview of the literature on the economic analysis of tort law. In sixteen chapters, the specialist authors guide the reader through the often vast literature in each domain providing a balanced and comprehensive summary. Particular attention is paid to the evolution of the field, further refinements to economic models and relevant conclusions and lessons for the policymaker. Tort Law and Economics is part of the Encyclopedia of Law and Economics, and enables readers, some not familiar with law and economics, to obtain an insight in the relevant economic literature concerning tort law and economics. This book will be of interest to lawyers and economists, practitioners and academics interested in accident law, tort law, insurance and regulation. It will also appeal to students in economic analysis of law and policymakers working on prevention of accidents, tort law or compensation of accident victims.
