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Uncertain Causation in Tort Law

2016 Causation
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Release : 2016
Genre : Causation
Kind : eBook
Book Rating : 828/5 ( reviews)

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Book Synopsis Uncertain Causation in Tort Law by : Miquel Martín-Casals

Download or read book Uncertain Causation in Tort Law written by Miquel Martín-Casals. This book was released on 2016. Available in PDF, EPUB and Kindle. Book excerpt: Discusses causal uncertainty in tort liability and shows the important normative, epistemological and procedural implications of the various proposed solutions.

Uncertain Causation in Tort Law

2015-11-19 Law
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Release : 2015-11-19
Genre : Law
Kind : eBook
Book Rating : 487/5 ( reviews)

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Book Synopsis Uncertain Causation in Tort Law by : Miquel Martín-Casals

Download or read book Uncertain Causation in Tort Law written by Miquel Martín-Casals. This book was released on 2015-11-19. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Uncertain Causation in Medical Liability

2006-07-18 Law
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Release : 2006-07-18
Genre : Law
Kind : eBook
Book Rating : 73X/5 ( reviews)

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Book Synopsis Uncertain Causation in Medical Liability by : Lara Khoury

Download or read book Uncertain Causation in Medical Liability written by Lara Khoury. This book was released on 2006-07-18. Available in PDF, EPUB and Kindle. Book excerpt: '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.

Tort Liability Under Uncertainty

2001 Law
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Release : 2001
Genre : Law
Kind : eBook
Book Rating : 973/5 ( reviews)

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Book Synopsis Tort Liability Under Uncertainty by : Ariel Porat

Download or read book Tort Liability Under Uncertainty written by Ariel Porat. This book was released on 2001. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Evidential Uncertainty in Causation in Negligence

2016-05-19 Law
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Release : 2016-05-19
Genre : Law
Kind : eBook
Book Rating : 330/5 ( reviews)

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Book Synopsis Evidential Uncertainty in Causation in Negligence by : Gemma Turton

Download or read book Evidential Uncertainty in Causation in Negligence written by Gemma Turton. This book was released on 2016-05-19. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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