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Proportional Liability: Analytical and Comparative Perspectives

Proportional Liability: Analytical and Comparative Perspectives

Hardcover

Series: Tort and Insurance Law, Book 33

General Law

ISBN10: 3110282534
ISBN13: 9783110282535
Publisher: De Gruyter
Published: Sep 17 2013
Pages: 396
Weight: 1.61
Height: 0.88 Width: 6.14 Depth: 9.21
Language: English
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'.

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General Law