Uncertain Causation In Tort Law
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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.
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.
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.
Uncertain Causation In Tort Law
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Author : Miquel Martín-Casals
language : en
Publisher: Cambridge University Press
Release Date : 2015-11-19
Uncertain Causation In Tort Law written by Miquel Martín-Casals 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 2015-11-19 with Law categories.
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.
Proof Of Causation In Tort Law
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Author : Sandy Steel
language : en
Publisher:
Release Date : 2015
Proof Of Causation In Tort Law written by Sandy Steel and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with LAW categories.
Proof Of Causation In Tort Law
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Author : Sandy Steel
language : en
Publisher: Cambridge University Press
Release Date : 2015-09-11
Proof Of Causation In Tort Law written by Sandy Steel 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 2015-09-11 with Law categories.
A clear, critical analysis of proof of causation in the law of tort in England, France and Germany.
Causation In European Tort Law
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Author : Marta Infantino
language : en
Publisher: Cambridge University Press
Release Date : 2017-12-28
Causation In European Tort Law written by Marta Infantino 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 2017-12-28 with Law categories.
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.
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.
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.
Causation In Negligence
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Author : Sarah Green
language : en
Publisher: Bloomsbury Publishing
Release Date : 2015-01-15
Causation In Negligence written by Sarah Green and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-01-15 with Law categories.
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.