Evidential uncertainty in causation in negligence / Gemma Turton.

Format:

Book

Author/Creator:

Turton, Gemma, author.

Series:

Hart studies in private law ; Volume 15.

Hart studies in private law ; v. 15

Language:

English

Subjects (All):

Wright, Richard W. (Law professor).

Wright, Richard W.

Proximate cause (Law).

Proximate cause (Law)--England.

Physical Description:

1 online resource (259 p.)

Place of Publication:

Oxford ; Portland, Oregon : Hart Publishing Ltd, 2016.

Summary:

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

Contents:

Introduction

Theoretical and doctrinal framework

Identifying the proper function of causation

Proof of causation

Loss of a chance

The evidentiary gap

Conclusion.

Notes:

Based on author's thesis (doctoral -University of Birmingham, 2013) issued under title: A critical analysis of the current approach of the courts and academics to the problem of evidential uncertainty in causation in tort law.

Includes bibliographical references and index.

Description based on print version record and CIP data provided by publisher; resource not viewed.

ISBN:

9781474202695

1474202691

9781509900329

1509900322

OCLC:

932463458