Tort Liability Under Uncertainty

Tort Liability Under Uncertainty
Author: Ariel Porat
Publisher: Oxford University Press, USA
Total Pages: 236
Release: 2001
Genre: Law
ISBN: 9780198267973

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

Proportional Liability: Analytical and Comparative Perspectives
Author: Israel Gilead
Publisher: Walter de Gruyter
Total Pages: 396
Release: 2013-10-14
Genre: Law
ISBN: 3110282585

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.

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: 1107049105

A clear, critical analysis of proof of causation in the law of tort in England, France and Germany.

Uncertain Causation in Tort Law

Uncertain Causation in Tort Law
Author: Miquel Martín-Casals
Publisher: Cambridge University Press
Total Pages: 351
Release: 2015-11-19
Genre: Law
ISBN: 1316425487

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.

Liability

Liability
Author: Peter W. Huber
Publisher: Basic Books
Total Pages: 0
Release: 1990-07-18
Genre: Law
ISBN: 9780465039197

This controversial book describes the transformation of modern tort law since the 1960s, and shows how the dramatic increase in liability lawsuits has had an adverse effect on the safety, health, the cost of insurance, and individual rights.

Causation in European Tort Law

Causation in European Tort Law
Author: Marta Infantino
Publisher: Cambridge University Press
Total Pages: 785
Release: 2017-12-28
Genre: Law
ISBN: 1108418368

This book takes an original and comparative approach to issues of causation in tort law across many European legal systems.

Philosophical Foundations of Tort Law

Philosophical Foundations of Tort Law
Author: David G. Owen
Publisher:
Total Pages: 528
Release: 1995
Genre: Law
ISBN: 019825847X

This exceptional collection of twenty-two essays on the philosophical fundamentals of tort law assembles many of the world's leading commentators on this particularly fascinating conjunction of law and philosophy. The contributions range broadly, from inquiries into how tort law derives fromAristotle, Aquinas, and Kant to the latest economic and rights-based theories of legal reponsibility. This is truly a multi-national production, with contributions from several distinguished Oxford scholars of law and philosophy and many prominent scholars from the United States, Canada, and Israel.A provocative closing essay by one of the world's leading moral philosophers illuminates how tort law enables philosophers to observe the abstract theories of their discipline put to the concrete test in the legal resolution of real-world controversies based on principles of right and wrong.

Vicarious Liability in Tort

Vicarious Liability in Tort
Author: Paula Giliker
Publisher: Cambridge University Press
Total Pages: 331
Release: 2010-10-28
Genre: Law
ISBN: 1139493078

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.

Evidential Uncertainty in Causation in Negligence

Evidential Uncertainty in Causation in Negligence
Author: Gemma Turton
Publisher: Bloomsbury Publishing
Total Pages: 442
Release: 2016-05-19
Genre: Law
ISBN: 1509900330

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.

Recognizing Wrongs

Recognizing Wrongs
Author: John C. P. Goldberg
Publisher: Harvard University Press
Total Pages: 393
Release: 2020-02-04
Genre: Law
ISBN: 0674246527

Two preeminent legal scholars explain what tort law is all about and why it matters, and describe their own view of tort’s philosophical basis: civil recourse theory. Tort law is badly misunderstood. In the popular imagination, it is “Robin Hood” law. Law professors, meanwhile, mostly dismiss it as an archaic, inefficient way to compensate victims and incentivize safety precautions. In Recognizing Wrongs, John Goldberg and Benjamin Zipursky explain the distinctive and important role that tort law plays in our legal system: it defines injurious wrongs and provides victims with the power to respond to those wrongs civilly. Tort law rests on a basic and powerful ideal: a person who has been mistreated by another in a manner that the law forbids is entitled to an avenue of civil recourse against the wrongdoer. Through tort law, government fulfills its political obligation to provide this law of wrongs and redress. In Recognizing Wrongs, Goldberg and Zipursky systematically explain how their “civil recourse” conception makes sense of tort doctrine and captures the ways in which the law of torts contributes to the maintenance of a just polity. Recognizing Wrongs aims to unseat both the leading philosophical theory of tort law—corrective justice theory—and the approaches favored by the law-and-economics movement. It also sheds new light on central figures of American jurisprudence, including former Supreme Court Justices Oliver Wendell Holmes, Jr., and Benjamin Cardozo. In the process, it addresses hotly contested contemporary issues in the law of damages, defamation, malpractice, mass torts, and products liability.