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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: 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: 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: Lara Khoury
Publisher: Bloomsbury Publishing
Published: 2006-07-18
Total Pages: 304
ISBN-13: 184731273X
DOWNLOAD EBOOK →'Proving' the cause of the plaintiff's injury in personal injury litigation often entails significant challenges, particularly when science cannot identify the cause of a biological phenomenon or when the nature of this cause is debatable. This problem is frequently encountered in medical malpractice cases, where the limitations of scientific knowledge are still extensive. Yet judges must decide cases, however uncertain the evidence with regard to proof of causation. Reluctant to leave patients without compensation, courts have in some cases challenged their traditional approach to causation through recourse to such techniques as reliance on factual presumptions and inferences, the concept of loss of chance, and reversal of the burden of proof. This book analyses and criticises the use of these various techniques by the courts of England, Australia, Canada, France, and the civilian Canadian province of Quebec in confronting evidentiary causal difficulties caused by the uncertainties of medical science.
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: 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: Gemma Turton
Publisher: Bloomsbury Publishing
Published: 2016-05-19
Total Pages: 264
ISBN-13: 1509900322
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: Marta Infantino
Publisher: Cambridge University Press
Published: 2017-12-28
Total Pages: 785
ISBN-13: 1108418368
DOWNLOAD EBOOK →This book takes an original and comparative approach to issues of causation in tort law across many European legal systems.
Author: Marta Infantino
Publisher: Cambridge University Press
Published: 2017-12-28
Total Pages: 785
ISBN-13: 1108304877
DOWNLOAD EBOOK →Through a comprehensive analysis of sixteen European legal systems, based on an assessment of national answers to a factual questionnaire, Causation in European Tort Law sheds light on the operative rules applied in each jurisdiction to factual and legal causation problems. It highlights how legal systems' features impact on the practical role that causation is called upon to play, as well as the arguments of professional lawyers. Issues covered include the conditions under which a causal link can be established, rules on contribution and apportionment, the treatment of supervening, alternative and uncertain causes, the understanding of loss-of-a-chance cases, and the standard and the burden of proving causation. This is a book for scholars, students and legal professionals alike.
Author: Matthew Dyson
Publisher: Cambridge University Press
Published: 2014-07-17
Total Pages: 465
ISBN-13: 1139993356
DOWNLOAD EBOOK →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.
