Causation in European Tort Law (The Common Core of European Private Law)
Cambridge University Press, 12/28/2017
EAN 9781108418362, ISBN10: 1108418368
Hardcover, 780 pages, 23.5 x 15.7 x 4 cm
Language: English
Through a comprehensive analysis of sixteen European legal systems, based on an assessment of national answers to a factual questionnaire, Causation in European Tort Law sheds light on the operative rules applied in each jurisdiction to factual and legal causation problems. It highlights how legal systems' features impact on the practical role that causation is called upon to play, as well as the arguments of professional lawyers. Issues covered include the conditions under which a causal link can be established, rules on contribution and apportionment, the treatment of supervening, alternative and uncertain causes, the understanding of loss-of-a-chance cases, and the standard and the burden of proving causation. This is a book for scholars, students and legal professionals alike.
Part I. Causation in Context
1. The place and space of causation Marta Infantino and Eleni Zervogianni
2. Causation in the law
philosophy, doctrine and practice Ingeborg Puppe and Richard W. Wright
3. Actual causation in the Second and Third Restatements
or, the expulsion of the substantial factor test Anthony J. Sebok
4. The European ways to causation Marta Infantino and Eleni Zervogianni
Part II. The Comparative Evidence. Case Responses and Editors' Comparative Comments
5. Preliminary remarks on methodology Marta Infantino and Eleni Zervogianni
6. The case studies
Part III. The Comparative Assessment
7. Summary and survey of the results Marta Infantino and Eleni Zervogianni.