Evidential Uncertainty in Causation in Negligence

Nonfiction, Reference & Language, Law, Torts
Cover of the book Evidential Uncertainty in Causation in Negligence by Gemma Turton, Bloomsbury Publishing
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Gemma Turton ISBN: 9781509900336
Publisher: Bloomsbury Publishing Publication: May 19, 2016
Imprint: Hart Publishing Language: English
Author: Gemma Turton
ISBN: 9781509900336
Publisher: Bloomsbury Publishing
Publication: May 19, 2016
Imprint: Hart Publishing
Language: English

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.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

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.

More books from Bloomsbury Publishing

Cover of the book Taste Test by Gemma Turton
Cover of the book Managing Staff for Improved Performance by Gemma Turton
Cover of the book Brecht Collected Plays: 7 by Gemma Turton
Cover of the book The Canon Law of the Roman Catholic Church and the Church of England 2nd edition by Gemma Turton
Cover of the book The Bloomsbury Companion to Heidegger by Gemma Turton
Cover of the book Quirks: Welcome to Normal by Gemma Turton
Cover of the book Sita's Curse by Gemma Turton
Cover of the book Integration at the Border by Gemma Turton
Cover of the book Based on a True Story by Gemma Turton
Cover of the book Revenge of the Roach! by Gemma Turton
Cover of the book Creatures of the Night by Gemma Turton
Cover of the book A Question of Worth by Gemma Turton
Cover of the book The Fall of the Priests and the Rise of the Lawyers by Gemma Turton
Cover of the book The New Zealand Expeditionary Force in World War I by Gemma Turton
Cover of the book Lexicon of the Mouth by Gemma Turton
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy