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Causation in Negligence: Hart Studies in Private Law

Autor Sarah Green
en Limba Engleză Paperback – 23 aug 2017
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.
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Specificații

ISBN-13: 9781509905034
ISBN-10: 1509905030
Pagini: 216
Dimensiuni: 156 x 234 x 22 mm
Greutate: 0.34 kg
Ediția:NIPPOD
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Hart Studies in Private Law

Locul publicării:London, United Kingdom

Caracteristici

This clearly written, comprehensive and timely book provides an effective means of navigating the current maze of case law on causation.

Notă biografică

Sarah Green is an Associate Professor at the University of Oxford and a Fellow in Law of St Hilda's College.

Cuprins

1 IntroductionStructure of the Book 2 The Necessary Breach Analysis and But For Causation Why But For Causation? The Balance of Probabilities Aggregation Specific Concept of Cause Counterfactual to Factual Current Perspectives on But For Causation 3 Basic Principles Basic Causal Principles 'Operative': the Second Stage of the NBA The Significance of a Risk Which Has Actually Eventuated 4 Duplicative Causation (Real and Potential): Overdetermination and Pre-emption Factual Basis Overdetermination (Real Duplicative Causation) What Constitutes an Overdetermined Event?Double OmissionsCombination of Tortious and Non-Tortious Factors Pre-emption Moral Luck 5 Material Contribution to Injury Factual Basis Medical Negligence The 'Doubling of the Risk' Test 6 Material Increase in Risk Factual Basis The Necessary Breach Analysis and Evidentiary Gaps Single Agent 7 Lost Chances Factual Basis Type 1 Cases Explained Type 2 Cases Explained How Far Does Hypothetical Third Party Action Take Us? 8 Concluding

Descriere

Descriere de la o altă ediție sau format:
This book's objective is 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.