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 : 35. 94 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 : 63. 75 MB
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A clear, critical analysis of proof of causation in the law of tort in England, France and Germany.

Tort Law

Author : Nicholas J McBride
ISBN : 9781292207858
Genre : Law
File Size : 88. 86 MB
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Written by two leading scholars, Tort Law combines detailed coverage of the legal principles, supported by hypothetical case scenarios and guided further reading, with critical discussion of the key academic debates and literature in the subject making it ideal for use by anyone studying tort law at undergraduate or postgraduate level. Extensively updated, this new edition covers all important case-law and legislative developments, including the expansion of vicarious liability in Mohamud v Wm Morrison Supermarkets, the treatment of the notion of ‘defect’ under the Consumer Protection Act 1987 in Wilkes v Depuy International Ltd, the reinvigoration of the tort in Wilkinson v Downton by O (a child) v Rhodes, the recognition of a tort of the malicious institution of civil proceedings in Willers v Joyce, and the attempts to reform the law on the defence of illegality in Patel v Mirza.

Philosophy Of Private Law

Author : William Lucy
ISBN : 9780198700685
Genre : Law
File Size : 66. 24 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.

Responsibility In Law And Morality

Author : Peter Cane
ISBN : 9781841133218
Genre : Law
File Size : 37. 32 MB
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Lawyers who write about responsibility focus on criminal law at the expense of civil and public law. Philosophers tend to treat responsibility as a moral concept, and either ignore the law or consider legal responsibility to be a more or less distorted reflection of its moral counterpart. This book aims to counteract both of these biases. By adopting a comparative institutional approach to the relationship between law and morality, it challenges the common view that morality stands to law as critical standard to conventional practice. It shows how law and morality interact symbiotically, and how careful study of legal concepts of responsibility can add significantly to our understanding of responsibility more generally.

Law And Philosophy

Author : Edward Kent
ISBN : UOM:39015005978195
Genre : Law
File Size : 55. 13 MB
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The Oxford Handbook Of Legal Studies

Author : Peter Cane
ISBN : STANFORD:36105060356024
Genre : Law
File Size : 85. 13 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.

Private Law And The Rule Of Law

Author : Lisa M Austin
ISBN : 9780191045578
Genre : Law
File Size : 89. 96 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.

Modern Tort Law

Author : Vivienne Harpwood
ISBN : 1859419763
Genre : Law
File Size : 81. 33 MB
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Providing a comprehensive analysis of the aspects of the law of tort, this edition offers insights into developing areas of negligence, employers' liability, occupiers' liability, and defamation among others. It is aimed at those studying this subject, and is suitable for undergraduate modular courses.

The Journal Of Legal Studies

Author :
ISBN : UCAL:B5089075
Genre : Electronic journals
File Size : 86. 58 MB
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