Evidential Uncertainty In Causation In Negligence
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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.
Author | : Gemma Turton |
Publisher | : Bloomsbury Publishing |
Total Pages | : 259 |
Release | : 2016-05-19 |
Genre | : Law |
ISBN | : 1509900322 |
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 | : 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.
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.
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.
Author | : Sarah Green |
Publisher | : Bloomsbury Publishing |
Total Pages | : 308 |
Release | : 2015-01-15 |
Genre | : Law |
ISBN | : 1782255214 |
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.
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.
Author | : Lara Khoury |
Publisher | : Bloomsbury Publishing |
Total Pages | : 304 |
Release | : 2006-07-18 |
Genre | : Law |
ISBN | : 184731273X |
'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 | : Ken Oliphant |
Publisher | : Oxford University Press |
Total Pages | : 1086 |
Release | : 2023-02-23 |
Genre | : |
ISBN | : 0198865112 |
This book takes a socio-legal approach and provides a rich and thorough understanding of tort law. Each section begins with a clear overview of the law, followed by illustrative extracts from case law and from government reports and scholarly literature, which are supported by explanation and analysis. This seventh edition has been brought completely up to date by Ken Oliphant and Donal Nolan.Digital formatsThe seventh edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources.· The e-book offers a mobile experience and convenient access along with functionality tools and navigation features: www.oxfordtextbooks.co.uk/ebooks · All of OUP's tort law textbooks are supported by online resources including bi-annual updates on the latest key developments in tort law, and self-test questions on key topics, with feedback, providing an opportunity for students to test and consolidate their learning.
Author | : Simon F. Deakin |
Publisher | : |
Total Pages | : 1011 |
Release | : 2019 |
Genre | : Law |
ISBN | : 0198747969 |
Markesinis and Deakin's Tort Law is an authoritative, analytical, and well-established textbook, now in its eighth edition. The authors provide a variety of comparative and economic perspectives on the law of tort and its likely development, placing the subject in its socio-economic context, giving students a deeper understanding of tort law.