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Proof of Causation in Tort Law

$34.99 (C)

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Part of Cambridge Studies in International and Comparative Law

  • Date Published: March 2017
  • availability: Available
  • format: Paperback
  • isbn: 9781107679856

$ 34.99 (C)
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About the Authors
  • Causation is a foundational concept in tort law: in claims for compensation, a claimant must demonstrate that the defendant was a cause of the injury suffered in order for compensation to be awarded. Proof of Causation in Tort Law provides a critical, comparative and theoretical analysis of the general proof rules of causation underlying the tort laws of England, Germany and France, as well as the exceptional departures from these rules which each system has made. Exploring the different approaches to uncertainty over causation in tort law, Sandy Steel defends the justifiability of some of these exceptions, and categorises and examines the kinds of exceptional rules suggested by the case law and literature. Critically engaged with both the theoretical literature and current legal doctrine, this book will be of interest to private law scholars, judges and legal practitioners.

    • Offers an incisive description and analysis of a difficult area of tort law, explaining highly complex legal material
    • Compares different approaches to uncertainty over causation in English, French and German tort law
    • Provides a clear analysis of the scope of exceptions to the requirement that the claimant prove causation
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    Awards

    • Joint Runner-up, 2016 Birks Prize, The Society of Legal Scholars

    Reviews & endorsements

    'Steel’s comprehensive scholarship and razor-sharp analysis promises to bring some much-needed clarity to an area of the law in dire need of reform. I hope and expect it will be widely read.' Alex Kaiserman, Cambridge Law Journal

    'Dr Steel has been able to survey the field and test the various parts for consistency, normative justification, practicality and morality. He has been able to bring to bear a huge quantity of literature in English, French and German. His bibliography, by my count, runs to over 800 separate items. All this with remarkable clarity and conciseness. If, as seems all too likely, there are to be further difficult cases on causation, the judiciary will at least be able to test their intuitions against the analysis in this book.' Lord Hoffmann, Law Quarterly Review

    'A very substantial contribution to the literature …' Chris Miller, Professional Negligence

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    Product details

    • Date Published: March 2017
    • format: Paperback
    • isbn: 9781107679856
    • length: 462 pages
    • dimensions: 230 x 150 x 25 mm
    • weight: 0.67kg
    • contains: 4 tables
    • availability: Available
  • Table of Contents

    Preface
    Table of cases
    Introduction
    1. Causal concepts and causal questions in tort law
    2. General proof of causation rules
    3. Justifying proof of causation
    4. Defendant indeterminacy: full liability and proportional liability
    5. Full liability beyond defendant indeterminacy
    6. Probabilistic liability
    Conclusion.

  • Author

    Sandy Steel, University of Oxford
    Sandy Steel is an Associate Professor of Law at the University of Oxford and a Fellow of Wadham College, Oxford. He was previously a Lecturer in Law at King's College London. His work has been cited by the High Court of Australia. In 2013, he was a Visiting Fellow at the Westf�lische Wilhelms-Universit�t M�nster. His other books include Great Debates in Jurisprudence (co-authored with Nick McBride, 2014) and The Structure of Tort Law (a translation of Nils Jansen's Die Struktur des Haftungsrechts, forthcoming).

    Awards

    • Joint Runner-up, 2016 Birks Prize, The Society of Legal Scholars

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