Tort / Personal Injury

Causation in European Tort Law

Edited by Marta Infantino · Eleni Zervogianni
Cambridge University Press December 2017

Specifications

ISBN-13
9781108418362
Publisher
Cambridge University Press
Publication
December 2017
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

Through a comprehensive analysis of sixteen Europen legal systems, based on an assessment of national answers to a factual questionnaire, Causation in European Tort Law sheds light on the operative rules applied in each jurisdiction to factual and legal causation problems. It highlights how legal systems' features impact on the practical role that causation is called to play, as well as the arguments of professional lawyers.

Issues covered include the conditions under which a causal link can be established, rules on contribution and apportionment, the treatment of supervening, alternative and uncertain causes, the understanding of loss-of-a-chance cases, and the standard and the burden of proving causation.

This is a book for scholars, students, and legal professionals alike.

Table of Contents

Part I. Causation in Context:
1. The Place and Space of Causation Marta Infantino and Eleni Zervogianni
2. Causation in the Law: Philosophy, Doctrine and Practice Ingeborg Puppe and Richard W. Wright
3. Actual Causation in the Second and Third Restatements: Or, the Expulsion of the Substantial Factor Test Anthony J. Sebok
4. The European Ways to Causation Marta Infantino and Eleni Zervogianni

Part II. The Comparative Evidence. Case Responses and Editors' Comparative Comments:
5. Preliminary Remarks on Methodology Marta Infantino and Eleni Zervogianni
6. The Case Studies

Part III. The Comparative Assessment:
7. Summary and Survey of the Results Marta Infantino and Eleni Zervogianni.
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