Causation in Negligence

Author: Sarah Green
Publisher: Hart Publishing
ISBN: 9781509905034
Published In: September 2017
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

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.
1. Introduction Structure 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 Omissions Combination 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