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Proof of Causation in Tort Law
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Proof of Causation in Tort Law

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Overview
To be published Aug 2015 (Cambridge) PRE-ORDER NOW!
ISBN: 9781107049109. Hard cover.
Description

Sandy Steel

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 

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. 

Sandy Steel, University of Oxford 

Sandy Steel is an Associate Professor of Law at the University of Oxford and a Fellow of Wadham College. 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 Westfälische Wilhelms-Universität Münster. 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).

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