Causation in Negligence by Sarah Green (English) Paperback Book

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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.

FORMATPaperback LANGUAGEEnglish CONDITIONBrand New Author Biography

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 IntroductionStructure of the Book2 The Necessary Breach Analysis and But For CausationWhy But For Causation?The Balance of ProbabilitiesAggregationSpecific Concept of CauseCounterfactual to FactualCurrent Perspectives on But For Causation3 Basic PrinciplesBasic Causal Principles'Operative': the Second Stage of the NBAThe Significance of a Risk Which Has Actually Eventuated4 Duplicative Causation (Real and Potential): Overdetermination and Pre-emptionFactual BasisOverdetermination (Real Duplicative Causation)What Constitutes an Overdetermined Event?Double OmissionsCombination of Tortious and Non-Tortious FactorsPre-emptionMoral Luck5 Material Contribution to InjuryFactual BasisMedical NegligenceThe 'Doubling of the Risk' Test6 Material Increase in RiskFactual BasisThe Necessary Breach Analysis and Evidentiary GapsSingle Agent7 Lost ChancesFactual BasisType 1 Cases ExplainedType 2 Cases ExplainedHow Far Does Hypothetical Third Party Action Take Us? 8 Concluding

Feature

Now available in paperback.

Details ISBN1509905030 Author Sarah Green ISBN-10 1509905030 ISBN-13 9781509905034 Media Book Short Title CAUSATION IN NEGLIGENCE Pages 216 Language English Series Hart Studies in Private Law Imprint Hart Publishing Place of Publication Oxford Country of Publication United Kingdom Year 2017 NZ Release Date 2017-08-24 UK Release Date 2017-08-24 Format Paperback Publisher Bloomsbury Publishing PLC Publication Date 2017-08-24 DEWEY 346.42032 Audience Professional & Vocational AU Release Date 2017-08-23 We've got this

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