Proportional liability : analytical and comparative perspectives / Israel Gilead, Michael D. Green, Bernhard A. Koch (eds.).

Format:

Book

Contributor:

Gil℗þad, Yiśsŕael.

Green, Michael D.

Koch, Bernhard A.

Series:

Tort and insurance law ; v. 33.

Tort and insurance law ; 33

Language:

English

Subjects (All):

Insurance law--United States.

Insurance law.

Torts--United States.

Torts.

Physical Description:

1 online resource (396 p.)

Edition:

1st ed.

Place of Publication:

Berlin ; Boston : Walter de Gruyter GmbH, [2013]

Language Note:

English

Summary:

Causal uncertainty is a wide-spread phenomenon. Courts are often unable to determine whether a defendant's tortious conduct was a factual cause of a plaintiff's harm. Yet, sometimes courts can determine the probability that the defendant caused the plaintiff's harm, although often there is considerable variance in the probability estimate based on the available evidence. The conventional way to cope with this uncertainty has been to apply the evidentiary rule of 'standard of proof'. The application of this 'all or nothing' rule can lead to unfairness by absolving defendants who acted tortiously and may also create undesirable incentives that result in greater wrongful conduct and injustice to victims. Some courts have decided that this 'no-liability' outcome is undesirable. They have adopted rules of proportional liability that compensate plaintiffs according to the probability that their harm was caused by the defendant's tortious conduct. In 2005 the Principles of European Tort Law (PETL) made a breakthrough in this regard by embracing rules of proportional liability. This project, building on PETL, endeavours to make further inquiries into the desirable scope of proportional liability and to offer a more detailed view of its meaning, implications, and ramifications.

Contents:

Frontmatter

Preface

Table of Contents

General Report Causal Uncertainty and Proportional Liability: Analytical and Comparative Report / Gilead, Israel / Green, Michael D. / Koch, Bernhard A.

Country Reports

Causal Uncertainty and Proportional Liability in Austria / Koch, Bernhard A.

Causal Uncertainty and Proportional Liability in the Czech Republic / Tichý, Luboš / Hrádek, Jiří

Causal Uncertainty and Proportional Liability in Denmark / Bloch Ehlers, Andreas / Ulfbeck, Vibe

Causal Uncertainty and Proportional Liability in England and Wales / Oliphant, Ken

Causal Uncertainty and Proportional Liability in France / Moréteau, Olivier

Causal Uncertainty and Proportional Liability in Germany / Magnus, Ulrich

Causal Uncertainty and Proportional Liability in Greece / Dacoronia, Eugenia

Causal Uncertainty and Proportional Liability in Israel / Shnoor, Boaz / Gilead, Israel

Proportional Liability in Uncertain Settings: Is it Precautionary? Italian Insights and Comparative Policy Considerations / Comandé, Giovanni / Nocco, Luca

Going Dutch: How to Address Cases of Causal Uncertainty / Keirse, Anne L.M.

Causal Uncertainty and Proportional Liability in Norway / Askeland, Bjarte

Causal Uncertainty and Proportional Liability in Poland / Bagińska, Ewa

Causal Uncertainty and Proportional Liability in South Africa / Neethling, Johann

Causal Uncertainty and Proportional Liability in Spain / Martín-Casals, Miquel / Solé, Josep

Causal Uncertainty and Proportional Liability in Switzerland / Widmer, Pierre / Winiger, Bénédict

Causal Uncertainty and Proportional Liability in the US / Green, Michael D.

List of Contributors

Index

Notes:

Includes index.

Description based on online resource; title from PDF title page (ebrary, viewed December 24, 2013).

ISBN:

9783110282580

3110282585

OCLC:

862937558