Proportional Liability: Analytical and Comparative Perspectives /
Proportional Liability: Analytical and Comparative Perspectives /
ed. by Michael D. Green, Bernhard A. Koch, Israel Gilead.
- 1 online resource (376 p.)
- Tort and Insurance Law ; 33 .
Frontmatter -- Preface -- Table of Contents -- General Report Causal Uncertainty and Proportional Liability: Analytical and Comparative Report -- Country Reports -- Causal Uncertainty and Proportional Liability in Austria -- Causal Uncertainty and Proportional Liability in the Czech Republic -- Causal Uncertainty and Proportional Liability in Denmark -- Causal Uncertainty and Proportional Liability in England and Wales -- Causal Uncertainty and Proportional Liability in France -- Causal Uncertainty and Proportional Liability in Germany -- Causal Uncertainty and Proportional Liability in Greece -- Causal Uncertainty and Proportional Liability in Israel -- Proportional Liability in Uncertain Settings: Is it Precautionary? Italian Insights and Comparative Policy Considerations -- Going Dutch: How to Address Cases of Causal Uncertainty -- Causal Uncertainty and Proportional Liability in Norway -- Causal Uncertainty and Proportional Liability in Poland -- Causal Uncertainty and Proportional Liability in South Africa -- Causal Uncertainty and Proportional Liability in Spain -- Causal Uncertainty and Proportional Liability in Switzerland -- Causal Uncertainty and Proportional Liability in the US -- List of Contributors -- Index
restricted access http://purl.org/coar/access_right/c_16ec
Causal uncertainty is a wide-spread phenomenon. Courts are often unable to determine whether a defendant’s tortious conduct was a factual cause of a plaintiff’s harm. Yet, sometimes courts can determine the probability that the defendant caused the plaintiff’s harm, although often there is considerable variance in the probability estimate based on the available evidence. The conventional way to cope with this uncertainty has been to apply the evidentiary rule of ‘standard of proof’. The application of this ‘all or nothing’ rule can lead to unfairness by absolving defendants who acted tortiously and may also create undesirable incentives that result in greater wrongful conduct and injustice to victims. Some courts have decided that this ‘no-liability’ outcome is undesirable. They have adopted rules of proportional liability that compensate plaintiffs according to the probability that their harm was caused by the defendant’s tortious conduct. In 2005 the Principles of European Tort Law (PETL) made a breakthrough in this regard by embracing rules of proportional liability. This project, building on PETL, endeavours to make further inquiries into the desirable scope of proportional liability and to offer a more detailed view of its meaning, implications, and ramifications.
Mode of access: Internet via World Wide Web.
In English.
9783110282535 9783110282580
10.1515/9783110282580 doi
2013404266
Liability (Law)
Liability (Law).
Torts.
Schadenersatzrecht.
LAW / Torts.
Tort Law.
K579.L5 / P765 2013
346.03
Frontmatter -- Preface -- Table of Contents -- General Report Causal Uncertainty and Proportional Liability: Analytical and Comparative Report -- Country Reports -- Causal Uncertainty and Proportional Liability in Austria -- Causal Uncertainty and Proportional Liability in the Czech Republic -- Causal Uncertainty and Proportional Liability in Denmark -- Causal Uncertainty and Proportional Liability in England and Wales -- Causal Uncertainty and Proportional Liability in France -- Causal Uncertainty and Proportional Liability in Germany -- Causal Uncertainty and Proportional Liability in Greece -- Causal Uncertainty and Proportional Liability in Israel -- Proportional Liability in Uncertain Settings: Is it Precautionary? Italian Insights and Comparative Policy Considerations -- Going Dutch: How to Address Cases of Causal Uncertainty -- Causal Uncertainty and Proportional Liability in Norway -- Causal Uncertainty and Proportional Liability in Poland -- Causal Uncertainty and Proportional Liability in South Africa -- Causal Uncertainty and Proportional Liability in Spain -- Causal Uncertainty and Proportional Liability in Switzerland -- Causal Uncertainty and Proportional Liability in the US -- List of Contributors -- Index
restricted access http://purl.org/coar/access_right/c_16ec
Causal uncertainty is a wide-spread phenomenon. Courts are often unable to determine whether a defendant’s tortious conduct was a factual cause of a plaintiff’s harm. Yet, sometimes courts can determine the probability that the defendant caused the plaintiff’s harm, although often there is considerable variance in the probability estimate based on the available evidence. The conventional way to cope with this uncertainty has been to apply the evidentiary rule of ‘standard of proof’. The application of this ‘all or nothing’ rule can lead to unfairness by absolving defendants who acted tortiously and may also create undesirable incentives that result in greater wrongful conduct and injustice to victims. Some courts have decided that this ‘no-liability’ outcome is undesirable. They have adopted rules of proportional liability that compensate plaintiffs according to the probability that their harm was caused by the defendant’s tortious conduct. In 2005 the Principles of European Tort Law (PETL) made a breakthrough in this regard by embracing rules of proportional liability. This project, building on PETL, endeavours to make further inquiries into the desirable scope of proportional liability and to offer a more detailed view of its meaning, implications, and ramifications.
Mode of access: Internet via World Wide Web.
In English.
9783110282535 9783110282580
10.1515/9783110282580 doi
2013404266
Liability (Law)
Liability (Law).
Torts.
Schadenersatzrecht.
LAW / Torts.
Tort Law.
K579.L5 / P765 2013
346.03