About this product

Product Identifiers

PublisherBloomsbury Publishing

ISBN-10184946331X

ISBN-139781849463317

eBay Product ID (ePID)4038683516

Product Key Features

Number of Pages202 Pages

Publication NameCausation in Negligence

LanguageEnglish

Publication Year2015

SubjectLiability, Torts

TypeTextbook

AuthorSarah Green

Subject AreaLaw

SeriesHart Studies in Private Law Ser.

FormatHardcover

Dimensions

Item Height0.8 in

Item Weight16.3 Oz

Item Length9.4 in

Item Width6.4 in

Additional Product Features

Intended AudienceScholarly & Professional

LCCN2015-372376

Dewey Edition23

ReviewsCausation 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"., " 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"." -- Singapore Journal of Legal Studies

Dewey Decimal346.4

Table Of Content1 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 Omissions Combination 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

SynopsisThis 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., 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.

LC Classification NumberKD1975