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Vol 21 No 11 Nov/Dec 2016

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Criminal Injuries Compensation Claims

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Causation in Negligence


ISBN13: 9781849463317
Published: December 2014
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £50.00
Paperback edition not yet published, ISBN13 9781509905034



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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.

Subjects:
Tort Law
Contents:
1. Introduction
2. The Necessary Breach Analysis and But For Causation
3. Basic Principles
4. Duplicative Causation (Real and Potential): Overdetermination and Pre-emption
5. Material Contribution to Injury
6. Material Increase in Risk
7. Lost Chances
8. Concluding Thoughts
Index