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Perspectives on Causation (Hardcover, New)
Loot Price: R4,936
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Perspectives on Causation (Hardcover, New)
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The chapters in this volume arise from a conference held at the
University of Aberdeen concerning the law of causation in the UK,
Commonwealth countries, France and the USA. The distinguished group
of international experts who have contributed to this book examine
the ways in which legal doctrine in causation is developing, and
how British law should seek to influence and be influenced by
developments in other countries. As such, the book will serve as a
focal point for the study of this important area of law. The book
is organised around three themes - the black letter law, scientific
evidence, and legal theory. In black letter law scholarship, major
arguments have emerged about how legal doctrine will develop in
cases involving indeterminate defendants and evidential gaps in
causation. Various chapters examine the ways in which legal
doctrine should develop over the next few years, in particular in
England, Scotland, Canada and the USA, including the problem of
causation in asbestos cases. In the area of scientific evidence,
its role in the assessment of causation in civil litigation has
never been greater. The extent to which such evidence can be
admitted and used in causation disputes is controversial. This
section of the book is therefore devoted to exploring the role of
statistical evidence in resolving causation problems, including
recent trends in litigation in the UK, USA, Australia and in France
and the question of liability for future harm. In the legal theory
area, the so-called NESS (necessary element in a sufficient set)
test of causation is discussed and defended. The importance of tort
law responding to developing science and observations from the
perspective of precaution and indeterminate causation are also
explored. The book will be of interest to legal academics, policy
makers in the field, specialist legal practitioners, those in the
pharmaceutical and bioscience sectors, physicians and scientists.
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