<i>Causation in Negligence </i>is a commendable effort to synthesise the "infamously baffling case law" and to construct "a simple analytical formulation which is capable of dealing with all aspects of the causal inquiry in negligence".

- Samuel Chan, Singapore Journal of Legal Studies

The principal objective of this book is simple: to provide a timely and effective means of navigating the current maze of case law on causation, in order that the solutions to causal problems might more easily be reached and the law relating to them more easily understood. The need for this has been increasingly evident in recent judgments dealing with causal issues: in particular, it seems to be ever harder to distinguish between the different ‘categories’ of causation and, consequently, to identify the legal test to be applied on any given set of facts. Causation in Negligence will make such identification easier, both by clarifying the parameters of each category and mapping the current key cases accordingly, and by providing one basic means of analysis which will make the resolution of even the thorniest of causal issues a straightforward process. The causal inquiry in negligence seems to have become a highly complicated and confused area of the law. As this book demonstrates, this is unnecessary and easily remedied.
Les mer
This book's objective is to provide a timely and effective means of navigating the current maze of case law on causation in order that the solutions to causal problems might more easily be reached, and the law relating to them more easily understood.
Les mer
1 Introduction Structure of the Book 2 The Necessary Breach Analysis and But For Causation Why But For Causation? The Balance of Probabilities Aggregation Specific Concept of Cause Counterfactual to Factual Current Perspectives on But For Causation 3 Basic Principles Basic Causal Principles ‘Operative’: the Second Stage of the NBA The Significance of a Risk Which Has Actually Eventuated 4 Duplicative Causation (Real and Potential): Overdetermination and Pre-emption Factual Basis Overdetermination (Real Duplicative Causation) What Constitutes an Overdetermined Event?Double OmissionsCombination of Tortious and Non-Tortious Factors Pre-emption Moral Luck 5 Material Contribution to Injury Factual Basis Medical Negligence The ‘Doubling of the Risk’ Test 6 Material Increase in Risk Factual Basis The Necessary Breach Analysis and Evidentiary Gaps Single Agent 7 Lost Chances Factual Basis Type 1 Cases Explained Type 2 Cases Explained How Far Does Hypothetical Third Party Action Take Us? 8 Concluding
Les mer
Causation in Negligence is a commendable effort to synthesise the "infamously baffling case law" and to construct "a simple analytical formulation which is capable of dealing with all aspects of the causal inquiry in negligence".
Les mer
This clearly written, comprehensive and timely book provides an effective means of navigating the current maze of case law on causation.
Unrivalled scholarship examining the fundamental doctrines and principles of private law.This monograph series brings together in one place two types of book: works which examine in-depth the fundamental doctrines and principles of private law, and works which engage with the theoretical underpinnings of private law. The series thus aims to contribute to ever-evolving debates about the nature of private law such as problems of classification and taxonomy, remedies, the relationship with public law and the boundaries of private law generally. The series includes, but is not confined to, works on contract, tort, unjust enrichment, equity, property and the conflict of laws, welcoming work which intersects with other fields of study to enable a deeper understanding of private law theory and practice.
Les mer

Produktdetaljer

ISBN
9781849463317
Publisert
2014
Utgiver
Vendor
Hart Publishing
Vekt
463 gr
Høyde
234 mm
Bredde
156 mm
Dybde
20 mm
Aldersnivå
U, P, 05, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet

Forfatter

Biographical note

Sarah Green is Professor of Law at the University of Bristol.