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Evidential Uncertainty in Causation in Negligence

Evidential Uncertainty in Causation in Negligence Author Gemma Turton
ISBN-10 9781509900329
Release 2016-05-19
Pages 264
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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.



Evidential Uncertainty in Causation in Negligence

Evidential Uncertainty in Causation in Negligence Author Gemma Turton
ISBN-10 9781509900329
Release 2016-05-19
Pages 264
Download Link Click Here

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 Medical Liability

Uncertain Causation in Medical Liability Author Lara Khoury
ISBN-10 9781847312730
Release 2006-07-18
Pages 256
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'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.



Proof of Causation in Tort Law

Proof of Causation in Tort Law Author Sandy Steel
ISBN-10 9781107049109
Release 2015-07-10
Pages 416
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A clear, critical analysis of proof of causation in the law of tort in England, France and Germany.



Tort Law

Tort Law Author Nicholas J McBride
ISBN-10 9781292207858
Release 2018-05-17
Pages 944
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Written by two leading scholars, Tort Law combines detailed coverage of the legal principles, supported by hypothetical case scenarios and guided further reading, with critical discussion of the key academic debates and literature in the subject making it ideal for use by anyone studying tort law at undergraduate or postgraduate level. Extensively updated, this new edition covers all important case-law and legislative developments, including the expansion of vicarious liability in Mohamud v Wm Morrison Supermarkets, the treatment of the notion of ‘defect’ under the Consumer Protection Act 1987 in Wilkes v Depuy International Ltd, the reinvigoration of the tort in Wilkinson v Downton by O (a child) v Rhodes, the recognition of a tort of the malicious institution of civil proceedings in Willers v Joyce, and the attempts to reform the law on the defence of illegality in Patel v Mirza.



Street on Torts

Street on Torts Author Christian Witting
ISBN-10 9780198811169
Release 2018-06-21
Pages 752
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Street on Torts provides an insightful and thorough treatment of tort law with a focus on key concepts and clear explanations. This book builds upon the excellent legacy of its previous, celebrated authors with a renewed focus on the needs of today's students. Alongside perceptive coverage of the key principles of tort law, succinct case extracts and accompanying analyses allow students to consider the law in context and understand how it is applied in practice. Key Issues boxes help to guide students through each chapter, whilst clear conclusions offer the opportunity for consolidation. The 15th edition of the book also sees the introduction of problem questions at the end of each chapter, which allow students to actively apply their knowledge of the law whilst practising essential analytical and essay writing skills. Online Resources This book is accompanied by online resources, including answer guidance for each of the problem questions in the book, an additional chapter on animal torts and updates with details of key developments in the law since publication.



Perspectives on Causation

Perspectives on Causation Author Richard Goldberg
ISBN-10 9781847318268
Release 2011-10-21
Pages 478
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The chapters in this volume arise from a conference held at the University of Aberdeen concerning the law of causation in the UK, Commonwealth countries, France and the USA. The distinguished group of international experts who have contributed to this book examine the ways in which legal doctrine in causation is developing, and how British law should seek to influence and be influenced by developments in other countries. As such, the book will serve as a focal point for the study of this important area of law. The book is organised around three themes - the black letter law, scientific evidence, and legal theory. In black letter law scholarship, major arguments have emerged about how legal doctrine will develop in cases involving indeterminate defendants and evidential gaps in causation. Various chapters examine the ways in which legal doctrine should develop over the next few years, in particular in England, Scotland, Canada and the USA, including the problem of causation in asbestos cases. In the area of scientific evidence, its role in the assessment of causation in civil litigation has never been greater. The extent to which such evidence can be admitted and used in causation disputes is controversial. This section of the book is therefore devoted to exploring the role of statistical evidence in resolving causation problems, including recent trends in litigation in the UK, USA, Australia and in France and the question of liability for future harm. In the legal theory area, the so-called NESS (necessary element in a sufficient set) test of causation is discussed and defended. The importance of tort law responding to developing science and observations from the perspective of precaution and indeterminate causation are also explored. The book will be of interest to legal academics, policy makers in the field, specialist legal practitioners, those in the pharmaceutical and bioscience sectors, physicians and scientists.



Proof of Causation in Tort Law

Proof of Causation in Tort Law Author Sandy Steel
ISBN-10 9781107049109
Release 2015-07-10
Pages 416
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A clear, critical analysis of proof of causation in the law of tort in England, France and Germany.



Money Awards in Contract Law

Money Awards in Contract Law Author David Winterton
ISBN-10 9781782252955
Release 2015-06-18
Pages 244
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The quantification of contractual money awards is a topic of both significant theoretical interest and immense practical importance. Recent debates have ranged from the availability of gain-based relief to the basis for principles of remoteness and mitigation. While these and other important issues, such as the recovery of damages for non-pecuniary loss, are touched upon, the book's principal objective is to challenge the conventional interpretation of the principle generally acknowledged to govern this area of the law, which Parke B famously laid down in Robinson v Harman. According to this conventional interpretation, the objective of all money awards given in accordance with the Robinson v Harman principle is simply to 'compensate' the promisee for the 'loss' that can be attributed to the promisor's failure to perform as promised. After challenging this orthodoxy, Dr Winterton proposes a new understanding of the Robinson v Harman principle, which draws an important distinction between money awards that substitute for the performance promised and money awards that aim to make good certain detrimental factual consequences that can be attributed to a promisor's breach. In exploring the significance of this distinction, the different principles underpinning the quantification and restriction of each kind of award are explored in addition to some important theoretical issues such as the effect that the occurrence of a breach has on the rights generated by contract formation. The book's unifying objective is to outline a coherent picture of the law of contractual money awards. It will be of interest to judges, practitioners and academics alike.



Encyclopedia of Building and Construction Terms

Encyclopedia of Building and Construction Terms Author Hugh Brooks
ISBN-10 0976836483
Release 2017-04-04
Pages 270
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Your value in the construction industry will be measured by your understanding and use of its terminology. THIS UPDATED AND EXPANDED EDTION gives concise explanations of over 3,000 terms you will hear in meetings, read in reports, and discuss on the job site. A single source for terminology in all areas of construction technology, including related terms in engineering, mathematics, energy conservation, surveying, construction management and real estate. Includes an invaluable resource directory for trade and professional associations, governmental and regulatory agencies, and current building codes. A compendium of information for all involved in today's building and construction industry.



A Theory of Tort Liability

A Theory of Tort Liability Author Allan Beever
ISBN-10 9781509903191
Release 2016-08-25
Pages 272
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This book provides a comprehensive theory of the rights upon which tort law is based and the liability that flows from violating those rights. Inspired by the account of private law contained in Immanuel Kant's Metaphysics of Morals, the book shows that Kant's theory elucidates a conception of interpersonal wrongdoing that illuminates the operation of tort law. The book then utilises this conception, applying it to the various areas of tort law, in order to develop an understanding of the particular areas in question and, just as importantly, their relationship to each other. It argues that there are three general kinds of liability found in the law of tort: liability for putting another or another's property to one's purposes directly, liability for doing something to a third party that puts another or another's property to one's purposes, and liability for pursuing purposes in a way that improperly interferes with the ability of another to pursue her legitimate purposes. It terms these forms liability for direct control, liability for indirect control and liability for injury respectively. The result is a coherent, philosophical understanding of the structure of tort liability as an entire system. In developing its position, the book considers the laws of Australia, Canada, England and Wales, New Zealand and the United States.



The Duty of Care in Negligence

The Duty of Care in Negligence Author James Plunkett
ISBN-10 9781509914852
Release 2018-02-08
Pages 304
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This book aims to provide a detailed analysis and overview of the duty of care enquiry, drawing on both academic analyses and judicial experience in leading common law systems. A new structure through which duty problems can be analysed is also proposed. It is hoped that the book provides some fresh insights and clarity of the concept to the reader.



Private Law in the 21st Century

Private Law in the 21st Century Author Kit Barker
ISBN-10 9781509908592
Release 2017-01-26
Pages 624
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This book brings together a wide range of contributors from across the common law world to identify and debate the principal moral and systemic challenges facing private law in the remaining part of the twenty-first century. The various contributions identify serious problems relating to complexity and overload, threats to research and education, the law's unintelligibility, the unsatisfactory nature of the law reform process and a general lack of public engagement. They consider the respective future roles of statutes, codes, and judge-made law (in the form of both common law and equitable rules). They consider how best to organise the private law system internally, and how to co-ordinate it externally with other public and economic systems (human rights, regulation, insurance markets and social security frameworks). They address the challenges for private law presented by new forms of technology, and by modern demands for the protection of new and intangible forms of moral interest, such as interests in privacy, 'vindication' and 'personal choice'. They also engage with the critical contemporary debates about access to, and the privatisation of, civil justice. The work is designed as a source of inspiration and reference for private lawyers, as well as legislators, policy-makers and students.



Apportionment in Private Law

Apportionment in Private Law Author Kit Barker
ISBN-10 1509917500
Release 2018-12-13
Pages 336
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The aim of this collection of essays is to investigate the way in which the civil law engages in the sharing and apportionment of liability flowing from events for which more than one party is provably responsible. Included within the field of inquiry are a variety of doctrines, processes and defences which have the effect of sharing liability as between plaintiffs and defendants, on the one hand; and as between several different defendants responsible for the same event, on the other. The doctrines examined include both liability 'inception doctrines', which operate to create shared liabilities in the first place (such as vicarious and accessorial liability); and, more centrally, legal doctrines that operate to distribute the liabilities and responsibilities so created. These doctrines include doctrines of contributory negligence, joint and several liability, contribution, reimbursement, and proportionate liability, as well as defences and principles of equitable 'allowance' that permit both losses and gains to be shared between parties to civil proceedings. The book states and critiques distributive rules in each of the main common law jurisdictions in which they currently operate - the UK, USA, Canada, Australia and New Zealand. It aims both to explicate the main rules and trends in these jurisdictions and offer critical insights thereon from a number of different perspectives - historical, comparative, doctrinal and theoretical.



The Law of Torts in Australia

The Law of Torts in Australia Author Francis A. Trindade
ISBN-10 0195516206
Release 2007
Pages 858
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Written by respected experts, The Law of Torts in Australia, now in its fourth edition, remains the best guide to tort law in Australia. Discussion of recent legislative changes and tort law issues: - The uniform Defamation Act - Legislative reforms to negligence laws - Australia's recent 'insurance crisis'



Causation in Negligence

Causation in Negligence Author Sarah Green
ISBN-10 9781782255208
Release 2015-01-15
Pages 224
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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.



The Fundamental Concept of Crime in International Criminal Law

The Fundamental Concept of Crime in International Criminal Law Author Iryna Marchuk
ISBN-10 9783642282461
Release 2013-07-29
Pages 304
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This book examines the rapid development of the fundamental concept of a crime in international criminal law from a comparative law perspective. In this context, particular thought has been given to the catalyzing impact of the criminal law theory that has developed in major world legal systems upon the crystallization of the substantive part of international criminal law. This study offers a critical overview of international and domestic jurisprudence with regard to the construal of the concept of a crime (actus reus, mens rea, defences, modes of liability) and exposes roots of confusion in international criminal law through a comprehensive comparative analysis of substantive criminal laws in selected legal jurisdictions.