Cantitate/Preț
Produs

Causation in Negligence: Hart Studies in Private Law

Autor Sarah Green
en Limba Engleză Paperback – 24 aug 2017
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.
Citește tot Restrânge

Toate formatele și edițiile

Toate formatele și edițiile Preț Express
Paperback (1) 22350 lei  6-8 săpt.
  Bloomsbury Publishing – 24 aug 2017 22350 lei  6-8 săpt.
Hardback (1) 58491 lei  3-5 săpt.
  Bloomsbury Publishing – 29 ian 2015 58491 lei  3-5 săpt.

Din seria Hart Studies in Private Law

Preț: 22350 lei

Puncte Express: 335

Preț estimativ în valută:
3955 4623$ 3434£

Carte tipărită la comandă

Livrare economică 19 februarie-05 martie

Preluare comenzi: 021 569.72.76

Specificații

ISBN-13: 9781509905034
ISBN-10: 1509905030
Pagini: 216
Dimensiuni: 154 x 232 x 14 mm
Greutate: 0.32 kg
Ediția:NIPPOD
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Hart Studies in Private Law

Locul publicării:London, United Kingdom

Cuprins

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

Recenzii

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".