causation in negligence hart studies in private law

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Evidential Uncertainty In Causation In Negligence

Author : Gemma Turton
ISBN : 9781509900329
Genre : Law
File Size : 21. 42 MB
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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.

Proof Of Causation In Tort Law

Author : Sandy Steel
ISBN : 9781107049109
Genre : Law
File Size : 45. 73 MB
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A clear, critical analysis of proof of causation in the law of tort in England, France and Germany.

Philosophy Of Private Law

Author : William Lucy
ISBN : 9780198700685
Genre : Law
File Size : 40. 67 MB
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On what basis does tort law hold us responsible to those who suffer as a result of our carelessness? Why, when we breach our contracts, should we make good the losses of those with whom we contracted? In what sense are our torts and our breaches of contract 'wrongs'? These two branches of private law have for centuries provided philosophers and jurists with grounds for puzzlement. This book provides an outline of, and intervention in, contemporary jurisprudential debates about the natureand foundation of liability in private law. After outlining the realm of the philosophy of private law, the book divides into two. Part I examines the various components of liability responsibility in private law, including the notions of basic responsibility, conduct, causation and wrongfulness. Part II considers arguments purporting to show that private law does and should embody a conception of either distributive or corrective justice or some combination of the two. Throughout the booka number of distinctions - between conceptual and normative argument, between jurisprudential 'theory' and private law 'practice', between legal obligation and moral obligation - are analyzed, the aim being to give students an informed grasp of both the limits and possibilities of the philosophy of private law.

Private Law Theory

Author : Jules L. Coleman
ISBN : 0815314019
Genre : Law
File Size : 37. 30 MB
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Causation In Negligence

Author : Sarah Green
ISBN : 1509905030
Genre : Negligence
File Size : 25. 56 MB
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Now available in paperback. 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. (Series: Hart Studies in Private Law) [Subject: Contract Law, Tort Law, Restitution and Commercial Law]

Private Law And The Rule Of Law

Author : Lisa M Austin
ISBN : 9780191045578
Genre : Law
File Size : 49. 80 MB
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The rule of law is widely perceived to be a public law doctrine, concerned with the way in which governmental authority conforms to the dictates of law. The goal of this book is to challenge this presumption. The chapters in this volume all consider the idea that the rule of law concerns the nature of law generally and the conditions under which any relationship - that among citizens as well as that between citizens and the state - becomes subject to law. Addressing two major questions, they ask if our understanding of the rule of law is enriched by considering how and to what degree it is expressed or realized in private law, and whether our understanding of the private law is enriched by adding the principles of the rule of law to the traditional list of core private law concepts. Bringing together leading philosophers of private and public law, this volume examines key questions in a little-explored field, and will be essential reading for all those interested in the rule of law and in private law theory.

Law And Philosophy

Author : Edward Kent
ISBN : UCSC:32106006346271
Genre : Law
File Size : 79. 66 MB
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Cryptocurrencies In Public And Private Law

Author : Professor of Private Law Sarah Green
ISBN : 0198826389
Genre :
File Size : 25. 58 MB
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This book examines how cyber-currencies based on blockchain technologies fit into existing general law categories of public and private law. The book takes the common law systems of the United Kingdom as the centre of its study but extends beyond the UK to show how cyber-currencies would be accommodated in some Western European and East Asian legal systems outside the common law tradition. By investigating traditional conceptions of money in public law and private law the work examines the difficulties of fitting cyber-currencies within those approaches and models. Fundamental questions regarding issues of ownership, transfer, conflict of laws, and taxation are addressed with a view to equipping the reader with the tools to answer common transactional questions about cyber-currencies. The international contributor team uses the common law systems of the United Kingdom as a basis for the analysis, but also looks comparatively to other systems across the wider common law and civil law world to provide detailed examination of the legal problems encountered.

The Oxford Handbook Of Legal Studies

Author : Peter Cane
ISBN : STANFORD:36105060356024
Genre : Law
File Size : 68. 36 MB
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This innovative volume in the prestigious series of Oxford Handbooks provides a comprehensive overview of law and legal scholarship at the dawn of the 21st century. Through 43 essays by leading legal scholars based in USA, the UK, Australia, New Zealand, Canada and Germany it will provide a varied and stimulating set of road maps to guide readers through the increasingly large and conceptually sophisticated body of legal scholarship. Focussing mainly, though not exclusively, on scholarship in the English language and taking an international and comparative approach, the contributors to this Handbook offer original and interpretative accounts of the nature, themes and preoccupations of research and writing about law. They then go on to consider likely trends and developments in scholarship in the next decade or so. The Handbook is arranged in seven Parts entitled 'Property and Obligations', 'Citizens and Government', 'Wealth Distribution and Welfare', 'Business and Commerce', 'Technology', 'Processes', and 'Research and Researchers'. It will provide everyone interested in scholarship about law with a widely accessible overview of the state and future direction of legal scholarship.

The Anatomy Of Tort Law

Author : Peter Cane
ISBN : 9781901362091
Genre : Law
File Size : 90. 25 MB
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