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Vol 22 No 3 March/April 2017

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Company Directors: Duties, Liabilities and Remedies

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Price: £225.00

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Evidential Uncertainty in Causation in Negligence


ISBN13: 9781849467049
Published: March 2016
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £55.00



In stock.

Also available as
£45.82
+ £9.17 VAT

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 caselaw 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, whose scope and meaning 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.

Subjects:
Tort Law
Contents:
Introduction
1. Theoretical and Doctrinal Framework
2. Identifying the Proper Function of Causation
Part I: Identifying the Function of Causation in Negligence
Part II: Tests for Causation
Part III: Using NESS to Overcome Common Problems with Exceptional Legal Tests
3. Proof of Causation
4. Loss of a Chance
Part I: Loss of a Chance: Proportionate Recovery for Physical Harm
Part II: The 'Lost Opportunity' as Damage
5. The Evidentiary Gap
Conclusion

Series: Hart Studies in Private Law

Resulting Trusts ISBN 9781849465489
To be published June 2018
Hart Publishing
£80.00
The Duty of Care in Negligence ISBN 9781509914845
To be published October 2017
Hart Publishing
£55.00
Accessory Liability ISBN 9781509914104
To be published April 2017
Hart Publishing
£29.99
Equity, Trusts and Commerce ISBN 9781509907298
Published April 2017
Hart Publishing
£85.00
Equitable Compensation and Disgorgement of Profit (eBook) ISBN 9781509901463
Published February 2017
Hart Publishing
£66.66 + £13.33 VAT
(ePub)
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Equitable Compensation and Disgorgement of Profit ISBN 9781509901456
Published February 2017
Hart Publishing
£80.00
Tort Law and Human Rights 2nd ed ISBN 9781841139074
Published December 2016
Hart Publishing
£75.00
Tort Law and Human Rights 2nd ed (eBook) ISBN 9781509913176
Published December 2016
Hart Publishing
£62.49 + £12.50 VAT
(ePub)
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Negligence and Illegality (eBook) ISBN 9781509906673
Published November 2016
Hart Publishing
£49.99 + £10.00 VAT
(ePub)
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Private Law in the 21st Century (eBook) ISBN 9781509908592
Published November 2016
Hart Publishing
£91.66 + £18.33 VAT
(ePub)
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Negligence and Illegality ISBN 9781509906666
Published November 2016
Hart Publishing
£60.00
Private Law in the 21st Century ISBN 9781509908585
Published November 2016
Hart Publishing
£110.00
A Theory of Tort Liability (eBook) ISBN 9781509903191
Published June 2016
Hart Publishing
£41.66 + £8.33 VAT
(ePub)
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A Theory of Tort Liability ISBN 9781509903184
Published June 2016
Hart Publishing
£55.00
Tort Law Defences ISBN 9781509905027
Published April 2016
Hart Publishing
£30.00
Evidential Uncertainty in Causation in Negligence (eBook) ISBN 9781509900336
Published March 2016
Hart Publishing
£45.82 + £9.17 VAT
(ePub)
Buy
Defences in Unjust Enrichment ISBN 9781849467254
Published January 2016
Hart Publishing
£80.00
Defences in Unjust Enrichment (eBook) ISBN 9781782256359
Published January 2016
Hart Publishing
£66.66 + £13.33 VAT
(ePub)
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Contractual Indemnities ISBN 9781509905010
Published December 2015
Hart Publishing
£38.99
£58.33 + £11.66 VAT
(ePub)
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Accessory Liability (eBook) ISBN 9781849469579
Published January 2015
Hart Publishing
£24.99 + £5.00 VAT
(ePub)
Buy
Accessory Liability ISBN 9781849462877
Published January 2015
Hart Publishing
£65.00
Contractual Indemnities (eBook) ISBN 9781782253891
Published April 2014
Hart Publishing
£29.16 + £5.83 VAT
(ePub)
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Contractual Indemnities ISBN 9781849462907
Published April 2014
Hart Publishing
£90.00
Law of Private Nuisance ISBN 9781849465069
Published September 2013
Hart Publishing
£40.00
Law of Private Nuisance (eBook) ISBN 9781782253402
Published September 2013
Hart Publishing
£33.32 + £6.67 VAT
(ePub)
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Iniuria and the Common Law ISBN 9781849465038
Published August 2013
Hart Publishing
£60.00
Iniuria and the Common Law (eBook) ISBN 9781782253389
Published August 2013
Hart Publishing
£49.99 + £10.00 VAT
(ePub)
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Tort Law Defences (eBook) ISBN 9781782251897
Published July 2013
Hart Publishing
£24.99 + £5.00 VAT
(ePub)
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Tort Law Defences ISBN 9781849462914
Published July 2013
Hart Publishing
£70.00
£62.49 + £12.50 VAT
(ePub)
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Restitution of Overpaid Tax ISBN 9781849461733
Published April 2013
Hart Publishing
£120.00
Restitution of Overpaid Tax (eBook) ISBN 9781782251224
Published April 2013
Hart Publishing
£99.99 + £20.00 VAT
(ePub)
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Informal Carers and Private Law ISBN 9781849462815
Published December 2012
Hart Publishing
£75.00
Informal Carers and Private Law (eBook) ISBN 9781782250470
Published December 2012
Hart Publishing
£62.49 + £12.50 VAT
(ePub)
Buy
Enrichment in the Law of Unjust Enrichment and Restitution ISBN 9781849463294
Published July 2012
Hart Publishing
£85.00
Enrichment in the Law of Unjust Enrichment and Restitution (eBook) ISBN 9781847319722
Published July 2012
Hart Publishing
£70.82 + £14.17 VAT
(ePub)
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£58.33 + £11.66 VAT
(ePub)
Buy
Accounting for Profit for Breach of Contract: Theory and Practice ISBN 9781849462518
Published May 2012
Hart Publishing
£70.00