Uncertain Causation in Tort Law

Author： Miquel Martín-Casals; Diego M. Papayannis

Publisher： Cambridge University Press‎

Publication year： 2015

E-ISBN: 9781316427040

P-ISBN(Paperback): 9781107128361

Subject： D91 Legal departments

Keyword：法学各部门

Language： ENG

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Uncertain Causation in Tort Law

Description

This discussion of causal uncertainty in tort liability adopts a comparative approach in order to highlight the important normative, epistemological and procedural implications of the various proposed solutions. Occupying a middle ground between the legal perspective and the philosophical views that are at stake when it comes to the resolution of tort law cases in a context of causal uncertainty, the arguments will be of great interest to legal scholars, legal philosophers and advanced tort law students.

Chapter

1 Litigation on hepatitis B vaccination and demyelinating diseases in France: Breaking through scientific uncertainty?

2 Proportional liability in Spain: A bridge too far?

3 Proportional liability for causal uncertainty: How it works on the basis of a 200-year-old code

4 Uncertain causes: Asbestos in UK courts

5 Clients’ demand-based contribution to trafficking: Overcoming causation and attribution difficulties

6 Proving complex facts: The case of mass torts

7 Correlation and causation: The “Bradford Hill criteria” in epidemiological, legal, and epistemological perspective

8 Admissibility versus sufficiency: Controlling the quality of expert witness testimony in the United States

9 Proof of causation in group litigation

10 Mass torts and arbitration: Lessons from Abaclat v. Argentine Republic

Index

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