Proof of Causation in Tort Law

Tort / Personal Injury

Proof of Causation in Tort Law

By Sandy Steel
Cambridge University Press September 2015

Specifications

ISBN-13
9781107049109
Publisher
Cambridge University Press
Publication
September 2015
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

Causation is a foundational concept in tort law: a claimant must demonstrate that the defendant's conduct was a cause of the harm suffered in order for damages to be awarded.

Proof of Causation in Tort Law provides a critical, comparative and theoretical analysis of the general 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 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.

Table of Contents

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.
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