Description

Book Synopsis
The book provides an account of the uncertainty problem that arises in tort litigation. It examines the existing doctrinal solutions of the problem, as evolved in England, the US, Canada, and Israel, and also offers a number of original solutions. The book combines the traditional doctrinal depiction of the law with general theoretical insights.

Trade Review
... an exceptionally lucid, challenging and innovative book about an important legal topic ... succinct and excellently structured text ... Porat and Stein's admirable text is one so timely, well expressed and ambitious in its aim that no scholar working in the field can afford not to read it carefully and address its thesis with determination. * Modern Law Review, March 2003 *

Table of Contents
Introduction ; 1. Liability Under Uncertainty: Allocating the Risk of Error ; 2. The Tension Between the Burden of Proof and Tort Law Objectives ; 3. Res Ipsa Loquitur ; 4. Risk as Damage ; 5. Collective Liability ; 6. Liability Under Uncertainty: Making Evidential Damage Actionable ; 7. The Evidential Damage Doctrine: Applications and Evaluation

Tort Liability Under Uncertainty

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    A Hardback by Alex Stein, Alex Stein

    £167.50

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      Book details

      Publisher Oxford University Press, USA
      Published 11/15/2001 12:00:00 AM
      ISBN-13 9780198267973
      978-0198267973
      ISBN-10 0198267975
      Also in:
      Law Civil procedure: law of evidence Comparative law Methods, theory and philosophy of law

      Description

      Book Synopsis
      The book provides an account of the uncertainty problem that arises in tort litigation. It examines the existing doctrinal solutions of the problem, as evolved in England, the US, Canada, and Israel, and also offers a number of original solutions. The book combines the traditional doctrinal depiction of the law with general theoretical insights.

      Trade Review
      ... an exceptionally lucid, challenging and innovative book about an important legal topic ... succinct and excellently structured text ... Porat and Stein's admirable text is one so timely, well expressed and ambitious in its aim that no scholar working in the field can afford not to read it carefully and address its thesis with determination. * Modern Law Review, March 2003 *

      Table of Contents
      Introduction ; 1. Liability Under Uncertainty: Allocating the Risk of Error ; 2. The Tension Between the Burden of Proof and Tort Law Objectives ; 3. Res Ipsa Loquitur ; 4. Risk as Damage ; 5. Collective Liability ; 6. Liability Under Uncertainty: Making Evidential Damage Actionable ; 7. The Evidential Damage Doctrine: Applications and Evaluation

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