Evidential Uncertainty in Causation in Negligence

Evidential Uncertainty in Causation in Negligence
Author :
Publisher : Bloomsbury Publishing
Total Pages : 442
Release :
ISBN-10 : 9781509900336
ISBN-13 : 1509900330
Rating : 4/5 (36 Downloads)

Book Synopsis Evidential Uncertainty in Causation in Negligence by : Gemma Turton

Download or read book Evidential Uncertainty in Causation in Negligence written by Gemma Turton and published by Bloomsbury Publishing. This book was released on 2016-05-19 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book undertakes an analysis of academic and judicial responses to the problem of evidential uncertainty in causation in negligence. It seeks to bring clarity to what has become a notoriously complex area by adopting a clear approach to the function of the doctrine of causation within a corrective justice-based account of negligence liability. It first explores basic causal models and issues of proof, including the role of statistical and epidemiological evidence, in order to isolate the problem of evidential uncertainty more precisely. Application of Richard Wright's NESS test to a range of English case law shows it to be more comprehensive than the 'but for' test that currently dominates, thereby reducing the need to resort to additional tests, such as the Wardlaw test of material contribution to harm, the scope and meaning of which are uncertain. The book builds on this foundation to explore the solution to a range of problems of evidential uncertainty, focusing on the Fairchild principle and the idea of risk as damage, as well as the notion of loss of a chance in medical negligence which is often seen as analogous with 'increase in risk', in an attempt to bring coherence to this area of the law.


Evidential Uncertainty in Causation in Negligence Related Books

Evidential Uncertainty in Causation in Negligence
Language: en
Pages: 442
Authors: Gemma Turton
Categories: Law
Type: BOOK - Published: 2016-05-19 - Publisher: Bloomsbury Publishing

DOWNLOAD EBOOK

This book undertakes an analysis of academic and judicial responses to the problem of evidential uncertainty in causation in negligence. It seeks to bring clari
Uncertain Causation in Medical Liability
Language: en
Pages: 304
Authors: Lara Khoury
Categories: Law
Type: BOOK - Published: 2006-07-18 - Publisher: Bloomsbury Publishing

DOWNLOAD EBOOK

'Proving' the cause of the plaintiff's injury in personal injury litigation often entails significant challenges, particularly when science cannot identify the
Improving Diagnosis in Health Care
Language: en
Pages: 473
Authors: National Academies of Sciences, Engineering, and Medicine
Categories: Medical
Type: BOOK - Published: 2015-12-29 - Publisher: National Academies Press

DOWNLOAD EBOOK

Getting the right diagnosis is a key aspect of health care - it provides an explanation of a patient's health problem and informs subsequent health care decisio
Causation in European Tort Law
Language: en
Pages: 785
Authors: Marta Infantino
Categories: Law
Type: BOOK - Published: 2017-12-28 - Publisher: Cambridge University Press

DOWNLOAD EBOOK

This book takes an original and comparative approach to issues of causation in tort law across many European legal systems.
Tort Liability Under Uncertainty
Language: en
Pages: 236
Authors: Ariel Porat
Categories: Law
Type: BOOK - Published: 2001 - Publisher: Oxford University Press, USA

DOWNLOAD EBOOK

Providing a comprehensive and principled account of the uncertainty problem that arises in tort litigation, this text critically examines the existing doctrinal