Proof of Causation in Tort Law

Proof of Causation in Tort Law
Author: Sandy Steel
Publisher: Cambridge University Press
Total Pages: 461
Release: 2015-09-11
Genre: Law
ISBN: 1316381072

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.

Author:
Publisher: Wolters Kluwer Law & Business
Total Pages: 1206
Release:
Genre:
ISBN: 1543879225

Causation in Negligence

Causation in Negligence
Author: Sarah Green
Publisher: Bloomsbury Publishing
Total Pages: 204
Release: 2015-01-15
Genre: Law
ISBN: 1782255206

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.

Multi-Party Litigation

Multi-Party Litigation
Author: Wayne V. McIntosh
Publisher: UBC Press
Total Pages: 297
Release: 2010-01-01
Genre: Law
ISBN: 0774858788

Drawing upon insights from law and politics, Multi-Party Litigation outlines the historical development, political design, and regulatory desirability of multi-party litigation strategies in cross-national perspective and describes a battle being fought on multiple fronts by competing interests. By addressing the potential and constraints of litigation, this book offers a comprehensive account of an international issue that will interest students and practitioners of law, politics, and public policy.

Forensic Epidemiology

Forensic Epidemiology
Author: Sana Loue
Publisher: SIU Press
Total Pages: 224
Release: 1999
Genre: Epidemiology
ISBN: 9780809322220

Sana Loue explores the concepts of legal and epidemiological causation, the use of epidemiological data based on populations to determine causation in an individual case, and the use of epidemiological evidence in litigation, including the reliance on experts and expert witnesses. Loue provides a guide for the attorney with little or no background in epidemiological theory and for the epidemiologist contemplating a new role as an expert witness. She assumes of her readers a working knowledge of the Federal Rules of Civil Procedure and the Federal Rules of Evidence. Discussing the epidemiologist as expert witness, Loue covers the nature of that testimony, the purpose of the testimony, and the qualifications necessary to be regarded as an expert witness. She examines various legal theories of causation, primarily in the context of product liability and toxic tort, and addresses epidemiological principles and methods used in the process of causal inference. Loue also focuses on legal mechanisms used to assess causation. Her concern here is with depositions and testimony and the preparation of epidemiology experts. She concludes her study by comparing the legal and epidemiological concepts of causation, using actual legal cases as examples. Throughout the text, Loue incorporates excerpts from depositions, interrogatories, and trial testimony to provide concrete examples. She also sets up an appendix to provide nonattorney readers with an overview of the legal system. Ultimately, her goal is to foster a greater understanding between law and epidemiology.