Tort Liability Under Uncertainty
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Tort Liability Under Uncertainty
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Author : Ariel Porat
language : en
Publisher: Oxford University Press, USA
Release Date : 2001
Tort Liability Under Uncertainty written by Ariel Porat and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Law categories.
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.
Uncertain Causation In Tort Law
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Author : Miquel Martín-Casals
language : en
Publisher:
Release Date : 2016
Uncertain Causation In Tort Law written by Miquel Martín-Casals and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Causation categories.
Discusses causal uncertainty in tort liability and shows the important normative, epistemological and procedural implications of the various proposed solutions.
Proportional Liability Analytical And Comparative Perspectives
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Author : Israel Gilead
language : en
Publisher: Walter de Gruyter
Release Date : 2013-10-14
Proportional Liability Analytical And Comparative Perspectives written by Israel Gilead and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10-14 with Law categories.
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.
Evidential Uncertainty In Causation In Negligence
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Author : Gemma Turton
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-05-19
Evidential Uncertainty In Causation In Negligence written by Gemma Turton and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-19 with Law categories.
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.
Fault In American Contract Law
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Author : Omri Ben-Shahar
language : en
Publisher: Cambridge University Press
Release Date : 2010-08-16
Fault In American Contract Law written by Omri Ben-Shahar and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-08-16 with Law categories.
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.
Making Decisions About Liability And Insurance
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Author : Colin F. Camerer
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-06
Making Decisions About Liability And Insurance written by Colin F. Camerer and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-06 with Business & Economics categories.
Two related trends have created novel challenges for managing risk in the United States. The first trend is a series of dramatic changes in liability law as tort law has expanded to assign liability to defendants for reasons other than negligence. The unpredictability of future costs induced by changes in tort law may be partly responsible for the second major trend known as the `liability crisis' - the disappearance of liability protection in markets for particularly unpredictable risks. This book examines decisions people make about insurance and liability. An understanding of such decision making may help explain why the insurance crisis resulted from the new interpretations of tort law and what to do about it. The articles cover three kinds of decisions: consumer decisions to purchase insurance; insurer decisions about coverage they offer; and the decisions of the public about the liability rules they prefer, which are reflected in legislation and regulation. For each of these three kinds of decisions, normative theories such as expected utility theory can be used as benchmarks against which actual decisions are judged.
The Law Of Tort
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Author : M. P. Furmston
language : en
Publisher: Bloomsbury Academic
Release Date : 1986
The Law Of Tort written by M. P. Furmston and has been published by Bloomsbury Academic this book supported file pdf, txt, epub, kindle and other format this book has been release on 1986 with Law categories.
This contains the views and opinions of scholars from all over the world on the policies and trends in liability for damage to property and economic loss. Topics include the debate on economics and law , the relationship between contract and tort law, characterization and the context and problems of economic loss in American tort law, and more.
Uncertain Causation In Medical Liability
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Author : Lara Khoury
language : en
Publisher: Bloomsbury Publishing
Release Date : 2006-07-18
Uncertain Causation In Medical Liability written by Lara Khoury and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-07-18 with Law categories.
'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.
Vicarious Liability In Tort
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Author : Paula Giliker
language : en
Publisher: Cambridge University Press
Release Date : 2010-10-28
Vicarious Liability In Tort written by Paula Giliker and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-10-28 with Law categories.
Vicarious liability is controversial: a principle of strict liability in an area dominated by fault-based liability. By making an innocent party pay compensation for the torts of another, it can also appear unjust. Yet it is a principle found in all Western legal systems, be they civil law or common law. Despite uncertainty as to its justifications, it is accepted as necessary. In our modern global economy, we are unlikely to understand its meaning and rationale through study of one legal system alone. Using her considerable experience as a comparative tort lawyer, Paula Giliker examines the principle of vicarious liability (or, to a civil lawyer, liability for the acts of others) in England and Wales, Australia, Canada, France and Germany, and with reference to legal systems in countries such as the United States, New Zealand and Spain.
Torts In A Nutshell
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Author : Edward J. Kionka
language : en
Publisher: West Academic Publishing
Release Date : 2005
Torts In A Nutshell written by Edward J. Kionka and has been published by West Academic Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Torts categories.
"This Nutshell provides a comprehensive explanation of the basic principles and rules of American tort law as it exists today. This Nutshell has been used for over twenty-five years by law students, law graduates preparing for the bar exam, and others seeking an overview of tort topics. Coverage includes intentional torts and defenses, negligence and its defenses, strict liability, special liability rules for particular activities (such as landowners? liability, products liability, employers, employees, and contractors, and others), damages, the relation between tort and contract, immunities, survival and wrongful death, defamation, privacy, and misrepresentation. The introductory chapter provides background on the definitional dilemma; functions, goals and justifications of tort law; the evolution of tort law; and the roles of judges and juries. Citations to the Restatement of Torts are included. Discussions frequently include not only the rule but also its rationale for a clearer understanding and to aid memory."