Proof of Causation in Tort Law (Cambridge Studies in International and Comparative Law)
Cambridge University Press, 9/24/2015
EAN 9781107049109, ISBN10: 1107049105
Hardcover, 462 pages, 22.9 x 15.2 x 2.5 cm
Language: English
Causation is a foundational concept in tort law: in claims for compensation, a claimant must demonstrate that the defendant was a cause of the injury suffered in order for compensation to be awarded. Proof of Causation in Tort Law provides a critical, comparative and theoretical analysis of the general proof rules of causation underlying the tort laws of England, Germany and France, as well as the exceptional departures from these rules which each system has made. Exploring the different approaches to uncertainty over causation in tort law, Sandy Steel defends the justifiability of some of these exceptions, and categorises and examines the kinds of exceptional rules suggested by the case law and literature. Critically engaged with both the theoretical literature and current legal doctrine, this book will be of interest to private law scholars, judges and legal practitioners.
Preface
Table of cases
Introduction
1. Causal concepts and causal questions in tort law
2. General proof of causation rules
3. Justifying proof of causation
4. Defendant indeterminacy
full liability and proportional liability
5. Full liability beyond defendant indeterminacy
6. Probabilistic liability
Conclusion.