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Proof of Causation in Tort Law: Cambridge Studies in International and Comparative Law, cartea 120

Autor Sandy Steel
en Limba Engleză Paperback – 15 mar 2017
Causation is a foundational concept in tort law: in claims for compensation, a claimant must demonstrate that the defendant was a cause of the injury suffered in order for compensation to be awarded. Proof of Causation in Tort Law provides a critical, comparative and theoretical analysis of the general proof rules of causation underlying the tort laws of England, Germany and France, as well as the exceptional departures from these rules which each system has made. Exploring the different approaches to uncertainty over causation in tort law, Sandy Steel defends the justifiability of some of these exceptions, and categorises and examines the kinds of exceptional rules suggested by the case law and literature. Critically engaged with both the theoretical literature and current legal doctrine, this book will be of interest to private law scholars, judges and legal practitioners.
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Specificații

ISBN-13: 9781107679856
ISBN-10: 1107679850
Pagini: 462
Ilustrații: 4 tables
Dimensiuni: 150 x 230 x 25 mm
Greutate: 0.61 kg
Editura: Cambridge University Press
Colecția Cambridge University Press
Seria Cambridge Studies in International and Comparative Law

Locul publicării:New York, United States

Cuprins

Preface; Table of cases; Introduction; 1. Causal concepts and causal questions in tort law; 2. General proof of causation rules; 3. Justifying proof of causation; 4. Defendant indeterminacy: full liability and proportional liability; 5. Full liability beyond defendant indeterminacy; 6. Probabilistic liability; Conclusion.

Recenzii

'Steel's comprehensive scholarship and razor-sharp analysis promises to bring some much-needed clarity to an area of the law in dire need of reform. I hope and expect it will be widely read.' Alex Kaiserman, Cambridge Law Journal
'Dr Steel has been able to survey the field and test the various parts for consistency, normative justification, practicality and morality. He has been able to bring to bear a huge quantity of literature in English, French and German. His bibliography, by my count, runs to over 800 separate items. All this with remarkable clarity and conciseness. If, as seems all too likely, there are to be further difficult cases on causation, the judiciary will at least be able to test their intuitions against the analysis in this book.' Lord Hoffmann, Law Quarterly Review
'A very substantial contribution to the literature …' Chris Miller, Professional Negligence

Notă biografică


Descriere

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