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Uncertain Causation in Tort Law Miquel Martin-Casals

Uncertain Causation in Tort Law By Miquel Martin-Casals

Uncertain Causation in Tort Law by Miquel Martin-Casals


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Summary

This discussion of causal uncertainty in tort liability shows the important normative, epistemological and procedural implications of the various proposed solutions, and will be of interest to legal scholars, legal philosophers and advanced tort law students.

Uncertain Causation in Tort Law Summary

Uncertain Causation in Tort Law by Miquel Martin-Casals

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.

About Miquel Martin-Casals

Miquel Martin-Casals is Full Professor of Civil Law and Director of the Institute of European and Comparative Private Law at the University of Girona. Diego M. Papayannis is a professor of legal philosophy at the University of Girona.

Table of Contents

Introduction Miquel Martin-Casals and Diego M. Papayannis; 1. Litigation on Hepatitis B vaccination and demyelinating diseases in France: breaking through scientific uncertainty? Jean-Sebastien Borghetti; 2. Proportional liability in Spain: a bridge too far? Miquel Martin-Casals; 3. Proportional liability for causal uncertainty: how it works on the basis of a 200-year-old code Bernhard A. Koch; 4. Uncertain causes: asbestos in UK courts Jane Stapleton; 5. Clients' demand-based contribution to trafficking: overcoming causation and attribution difficulties Tsachi Keren-Paz; 6. Proving complex facts: the case of mass torts Michele Taruffo; 7. Correlation and causation: the 'Bradford Hill criteria' in epidemiological, legal, and epistemological perspective Susan Haack; 8. Admissibility versus sufficiency: controlling the quality of expert witness testimony in the United States Michael D. Green and Joseph Sanders; 9. Proof of causation in group litigation Andrea Giussani; 10. Mass torts and arbitration: lessons from Abaclat v. Argentine Republic S. I. Strong.

Additional information

NPB9781107128361
9781107128361
1107128366
Uncertain Causation in Tort Law by Miquel Martin-Casals
New
Hardback
Cambridge University Press
2015-11-19
350
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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