Author: Australia. Review into the Law of NegligencePublisher:
ISBN: 9780642741653
Category : Liability (Law)
Languages : en
Pages : 96
Book Description
Review of the law of negligence: September 2002 report: cat no. 0215864.
Review of the Law of Negligence
Author: Australia. Review into the Law of NegligencePublisher:
ISBN: 9780642741653
Category : Liability (Law)
Languages : en
Pages : 96
Book Description
Review of the law of negligence: September 2002 report: cat no. 0215864.
Arzthaftungsrecht
Author: Dieter GiesenPublisher:
ISBN:
Category : Arzthaftpflicht
Languages : de
Pages : 576
Book Description
The Professional Negligence Law Review
Author: Nicholas David BirdPublisher:
ISBN: 9781838624903
Category : Malpractice
Languages : en
Pages :
Book Description
Evidential Uncertainty in Causation in Negligence
Author: Gemma TurtonPublisher: Bloomsbury Publishing
ISBN: 1509900330
Category : Law
Languages : en
Pages : 419
Book Description
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.
The Professional Negligence Law Review
Author: Nicholas BirdPublisher:
ISBN: 9781912228089
Category :
Languages : en
Pages : 148
Book Description
The Duty of Care in Negligence
Author: James PlunkettPublisher: Bloomsbury Publishing
ISBN: 1509914862
Category : Law
Languages : en
Pages : 304
Book Description
This book aims to provide a detailed analysis and overview of the duty of care enquiry, drawing on both academic analyses and judicial experience in leading common law systems. A new structure through which duty problems can be analysed is also proposed. It is hoped that the book provides some fresh insights and clarity of the concept to the reader.
Negligence Practice
Author: Los Angeles County Law Library (Calif.)Publisher:
ISBN:
Category : Actions and defenses
Languages : en
Pages : 34
Book Description
Culpable Carelessness
Author: Findlay StarkPublisher: Cambridge University Press
ISBN: 1107038901
Category : Law
Languages : en
Pages : 351
Book Description
A doctrinal and theoretical analysis of culpability for unjustified risk-taking in Anglo-American criminal law.
A Theory of Tort Liability
Author: Allan BeeverPublisher: Bloomsbury Publishing
ISBN: 1509903194
Category : Law
Languages : en
Pages : 272
Book Description
This book provides a comprehensive theory of the rights upon which tort law is based and the liability that flows from violating those rights. Inspired by the account of private law contained in Immanuel Kant's Metaphysics of Morals, the book shows that Kant's theory elucidates a conception of interpersonal wrongdoing that illuminates the operation of tort law. The book then utilises this conception, applying it to the various areas of tort law, in order to develop an understanding of the particular areas in question and, just as importantly, their relationship to each other. It argues that there are three general kinds of liability found in the law of tort: liability for putting another or another's property to one's purposes directly, liability for doing something to a third party that puts another or another's property to one's purposes, and liability for pursuing purposes in a way that improperly interferes with the ability of another to pursue her legitimate purposes. It terms these forms liability for direct control, liability for indirect control and liability for injury respectively. The result is a coherent, philosophical understanding of the structure of tort liability as an entire system. In developing its position, the book considers the laws of Australia, Canada, England and Wales, New Zealand and the United States.
Author: Allen M. Linden