Causation in Negligence

1. Auflage 2015
ISBN: 978-1-84946-331-7
Verlag: Hart Publishing

Buch, Englisch, 202 Seiten, Hardback, Format (B × H): 162 mm x 238 mm, Gewicht: 460 g

The principal objective of this book is simple: to provide a timely and effective means of navigating the current maze of case law on causation, in order that the solutions to causal problems might more easily be reached and the law relating to them more easily understood. The need for this has been increasingly evident in recent judgments dealing with causal issues: in particular, it seems to be ever harder to distinguish between the different 'categories' of causation and, consequently, to identify the legal test to be applied on any given set of facts. Causation in Negligence will make such identification easier, both by clarifying the parameters of each category and mapping the current key cases accordingly, and by providing one basic means of analysis which will make the resolution of even the thorniest of causal issues a straightforward process. The causal inquiry in negligence seems to have become a highly complicated and confused area of the law. As this book demonstrates, this is unnecessary and easily remedied.

Autoren/Hrsg.

Green, Sarah

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

1 Introduction

Structure of the Book

2 The Necessary Breach Analysis and But For Causation

Why But For Causation?

The Balance of Probabilities

Aggregation

Specific Concept of Cause

Counterfactual to Factual

Current Perspectives on But For Causation

3 Basic Principles

Basic Causal Principles

'Operative': the Second Stage of the NBA

The Significance of a Risk Which Has Actually Eventuated

4 Duplicative Causation (Real and Potential): Overdetermination and Pre-emption

Factual Basis

Overdetermination (Real Duplicative Causation)

What Constitutes an Overdetermined Event?
Double Omissions
Combination of Tortious and Non-Tortious Factors

Pre-emption

Moral Luck

5 Material Contribution to Injury

Factual Basis

Medical Negligence

The 'Doubling of the Risk' Test

6 Material Increase in Risk

Factual Basis

The Necessary Breach Analysis and Evidentiary Gaps

Single Agent

7 Lost Chances

Factual Basis

Type 1 Cases Explained

Type 2 Cases Explained

How Far Does Hypothetical Third Party Action Take Us?

8 Concluding

Über Autor(innen)

Green, Sarah
Sarah Green is the Law Commissioner for Commercial and Common Law at the Law Commission of England and Wales. Prior to that, she was Professor of Private Law at the University of Bristol, UK, Professor of the Law of Obligations at the University of Oxford, UK, and a lecturer at the University of Birmingham, UK.

Sarah Green is Professor of Law at the University of Bristol.