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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Torts / delicts
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Evidential Uncertainty in Causation in Negligence (Hardcover)
Loot Price: R2,823
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Evidential Uncertainty in Causation in Negligence (Hardcover)
Series: Hart Studies in Private Law
Expected to ship within 12 - 17 working days
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This book undertakes an analysis of academic and judicial responses
to the problem of evidential uncertainty in causation in
negligence. It seeks to bring clarity to what has become a
notoriously complex area by adopting a clear approach to the
function of the doctrine of causation within a corrective
justice-based account of negligence liability. It first explores
basic causal models and issues of proof, including the role of
statistical and epidemiological evidence, in order to isolate the
problem of evidential uncertainty more precisely. Application of
Richard Wright's NESS test to a range of English case law shows it
to be more comprehensive than the 'but for' test that currently
dominates, thereby reducing the need to resort to additional tests,
such as the Wardlaw test of material contribution to harm, the
scope and meaning of which are uncertain. The book builds on this
foundation to explore the solution to a range of problems of
evidential uncertainty, focusing on the Fairchild principle and the
idea of risk as damage, as well as the notion of loss of a chance
in medical negligence which is often seen as analogous with
'increase in risk', in an attempt to bring coherence to this area
of the law.
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