Cart
Free Shipping in Australia
Proud to be B-Corp

Causation in Negligence Summary

Causation in Negligence by Sarah Green (University of Bristol School of Law, Bristol, UK)

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.

About Sarah Green (University of Bristol School of Law, Bristol, UK)

Sarah Green is an Associate Professor at the University of Oxford and a Fellow in Law of St Hilda's College.

Table of Contents

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

Additional information

NLS9781509905034
9781509905034
1509905030
Causation in Negligence by Sarah Green (University of Bristol School of Law, Bristol, UK)
New
Paperback
Bloomsbury Publishing PLC
2017-08-24
216
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
This is a new book - be the first to read this copy. With untouched pages and a perfect binding, your brand new copy is ready to be opened for the first time

Customer Reviews - Causation in Negligence