Screen LibraryProportional liability: analytical and comparative perspectives /
Courts have, traditionally, required the plaintiff to prove to the requisite standard of proof that causation exists. This monograph addresses what has, to date, been a modest reform toward permitting recovery based on a probability that causation exists, discounting the damages awarded by the proba...
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| Corporate Authors: | |
|---|---|
| Group Author: | ; ; |
| Published: |
De Gruyter,
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| Publisher Address: | Berlin/Boston : |
| Publication Dates: | [2013] |
| Literature type: | eBook |
| Language: | English |
| Series: |
Tort and insurance law;
33 |
| Subjects: | |
| Online Access: |
http://dx.doi.org/10.1515/9783110282580 http://www.degruyter.com/doc/cover/9783110282580.jpg |
| Summary: |
Courts have, traditionally, required the plaintiff to prove to the requisite standard of proof that causation exists. This monograph addresses what has, to date, been a modest reform toward permitting recovery based on a probability that causation exists, discounting the damages awarded by the probability of causation. The central purpose of our inquiry is to employ a comparative methodology to better understand how different legal systems respond to causal uncertainty and to examine why, how and in what situations rules of proportional liability can promote the goals of tort law. |
| Carrier Form: |
1 online resource(xx,376pages) : illustrations. Also available in print edition. |
| ISBN: | 9783110282580 |
| Index Number: | K579 |
| CLC: | D913 |
| Contents: |
Frontmatter -- Preface -- Table of Contents -- General Report Causal Uncertainty and Proportional Liability: Analytical and Comparative Report / Causal Uncertainty and Proportional Liability in Austria / Causal Uncertainty and Proportional Liability in the Czech Republic / Causal Uncertainty and Proportional Liability in Denmark / Causal Uncertainty and Proportional Liability in England and Wales / Causal Uncertainty and Proportional Liability in France / Causal Uncertainty and Proportional Liability in Germany / Causal Uncertainty and Proportional Liability in Greece / Causal Uncertainty and Proportional Liability in Israel / Proportional Liability in Uncertain Settings: Is it Precautionary? Italian Insights and Comparative Policy Considerations / Going Dutch: How to Address Cases of Causal Uncertainty / Causal Uncertainty and Proportional Liability in Norway / Causal Uncertainty and Proportional Liability in Poland / Causal Uncertainty and Proportional Liability in South Africa / Causal Uncertainty and Proportional Liability in Spain / Causal Uncertainty and Proportional Liability in Switzerland / Causal Uncertainty and Proportional Liability in the US / List of Contributors -- Index. |