Causation in Negligence

Sarah Green (University of Bristol School of Law, Bristol, UK)

$190

Hardback

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English

Hart Publishing
11 December 2014

Negligence

Series: Hart Studies in Private Law

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.

By: Sarah Green (University of Bristol School of Law Bristol UK)
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm, Spine: 20mm
Weight: 463g
ISBN: 9781849463317
ISBN 10: 184946331X
Series: Hart Studies in Private Law
Pages: 202
Publication Date: 11 December 2014
Audience: College/higher education , Professional and scholarly , Primary , Undergraduate
Format: Hardback
Publisher's Status: Active

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 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

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

Reviews for Causation 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 . -- Samuel Chan * Singapore Journal of Legal Studies *

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Causation in Negligence

Sarah Green (University of Bristol School of Law, Bristol, UK)

$190

Hardback

Reviews for Causation in Negligence

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