Last edited by Tagis
Saturday, August 8, 2020 | History

3 edition of Tort Liability Under Uncertainty found in the catalog.

Tort Liability Under Uncertainty

by Ariel Porat

  • 0 Want to read
  • 7 Currently reading

Published by Oxford University Press, USA .
Written in English


The Physical Object
Number of Pages232
ID Numbers
Open LibraryOL7398663M
ISBN 100198267975
ISBN 109780198267973

Proof of Causation in Tort Law provides a critical, comparative and theoretical analysis of the general proof rules of causation underlying the tort laws of England, Germany and France, as well as the exceptional departures from these rules which each system has by: 5. As I wrote in my book with Ariel Porat, Tort Liability Under Uncertainty, our torts system must develop systematic remedy for wrongful inflictions of evidentiary harm. The Florida Supreme Court’s recent decision, Saunders v. Dickens, — So.3d — (Fla. ), is a case in point.

Eric E. Johnson, Torts: Cases and Context, Volume 1, , published by CALI eLangdell Press. Available under a Creative Commons BY-SA License. This book is konomarked – requests for gratis permissions beyond the scope of the Creative Commons license are welcomed. Contact [email protected] Size: 2MB. Product liability researchers have been trying to answer these multidisciplinary questions for at least 20 years: Stephen N. Roberts, Alison S. Hightower, Michael G. Thornton, Linda N. Cunningham, and Richard G. Terry, Advanced Vehicle Control Systems: Potential Tort Liability for Developers, FHWA Contract DTFHC (Dec. 1, ).

1 LAW OF TORTS I. Definition and Types of Torts 1. Mini-presentations Group 1 – Torts Tort is conduct that harms other people or their property. It is a private wrong against a person for which the injured person may recover damages, i.e. monetary Size: 1MB. 2. Efficient liability rules under role-type uncertainty The model Suppose that there are two risk-neutral people, Xand Y, who engage in some activity that creates a risk of accidents. If an accident occurs, there is one victim, who suffers a monetary loss L>0. The loss Lis assumed to be constant.6 But there is uncertainty regarding the roles.


Share this book
You might also like
Rover Boys at School

Rover Boys at School

Gardens of character

Gardens of character

academic whos who

academic whos who

THE MESSIAH ; Christmas in Vienna ; George Gershwin ; Beethovens symphony no. 7 in A ; Dance in America

THE MESSIAH ; Christmas in Vienna ; George Gershwin ; Beethovens symphony no. 7 in A ; Dance in America

By Request - Only the Best

By Request - Only the Best

Bright red apples of the dead

Bright red apples of the dead

Tackling plagiarism and cheating in project course work in grade 9 of a high school.

Tackling plagiarism and cheating in project course work in grade 9 of a high school.

Specific relief act (I of 1877)

Specific relief act (I of 1877)

New Frontiers in Rare Earth Science and Applications

New Frontiers in Rare Earth Science and Applications

Tort Liability Under Uncertainty by Ariel Porat Download PDF EPUB FB2

Uncertainty is present in nearly every tort litigation; this book confronts the issue, at both doctrinal and policy levels. It presents and critically examines the existing doctrinal solutions of the problem and offers a number of original solutions to the problem, such as imposition of collective liability and liability for evidential by: This book provides a treatment of the problem of uncertainty in torts at both doctrinal and policy levels.

It presents and critically examines the existing doctrinal solutions of the problem. It also offers a number of original solutions to the problem, such as imposition of collective liability and liability Author: Ariel Porat.

Due to this failure, victims of torts are left under-compensated and their wrongdoers under-deterred. This book provides comprehensive treatment to the problem of uncertainty Tort Liability Under Uncertainty book torts at both doctrinal and policy levels.

It presents and critically examines the existing doctrinal solutions of the by: "Uncertainty is present in nearly every tort litigation; this book confronts the issue, at both doctrinal and policy levels. It presents and critically examines the existing doctrinal solutions of the problem and offers a number of original solutions to the problem, such as imposition of collective liability and liability for evidential damage.

The book provides a comprehensive and principled account of the uncertainty problem that arises in tort litigation. It presents and critically examines the existing doctrinal solutions of the problem, as evolved in England, the United States, Canada, and Israel, and also offers a number of original solutions, such as imposition of collective liability and liability for evidential by: Uncertainty is present in virtually every tort litigation.

Generally, courts tackle the uncertainty problem by requiring the plaintiff to prove his case by the preponderance of the evidence. However, on numerous occasions tort plaintiffs encounter systematic difficulties. is a platform for academics to share research papers.

Uncertainties in tort liability for uncertainty. In Tort Liability under Uncertainty, Ariel Porat and Alex Stein build upon the proposition that tort law values accurate fact‐finding as a means of avoiding unfairness to parties and reducing inefficiencies due to over‐deterrence or under‐: Vern Walker.

Synopsis. Uncertainty is present in virtually every tort litigation. Generally, courts tackle the uncertainty problem by requiring the plaintiff to prove his case by the preponderance of the evidence.

However, on numerous occasions tort plaintiffs encounter systematic difficulties in establishing their allegations against : Ariel Porat, Alex Stein.

tort liability under uncertain causation to contemporary tort law is an important judgment in the area of tort law issued in August, by the Israeli Supreme Court.

In a further hearing of Malul, a medical malprac-tice case, the court ruled on the issue of compensation based on probabilities in cases of uncertain causation and increased risk.9 Some. Occupying a middle ground between the legal perspective and the philosophical views that are at stake when it comes to the resolution of tort law cases in a context of causal uncertainty, the arguments will be of great interest to legal scholars, legal philosophers and advanced tort law students.

Liability Under Uncertainty: Evidential Deficiency and the Law of Torts. Due to this failure, victims of torts are left under-compensated and their wrongdoers under-deterred.

This book provides comprehensive treatment to the problem of uncertainty in torts at both doctrinal and policy levels. It presents and critically examines the existing doctrinal solutions of the problem.3/5. Books to Read Tort Liability Under Uncertainty Full Ebooks Most Wanted. Tort liability under uncertainty.

[Ariel Porat; Alex Stein] -- Providing a comprehensive and principled account of the uncertainty problem that arises in tort litigation, this text critically examines the existing doctrinal solutions of the problem, as evolved.

In Tort Liability under Uncertainty, Ariel Porat and Alex Stein build upon the proposition that tort law values accurate fact‐finding as a means of avoiding unfairness to parties and reducing inefficiencies due to over‐deterrence or under‐deterrence.

Courts should base their judgements on findings that are true, and order compensatory awards that are set neither too high nor too : Vern R. Walker. Chapter. The Evidential Damage Doctrine: Applications and Evaluation Ariel Porat and Alex Stein. in Tort Liability Under Uncertainty.

This chapter proposes a new form of liability in torts called liability for uncertainty or the evidential damage doctrine. This doctrine is capable of distinguishing cases in which the existing uncertainty resulted from a person’s wrongful conduct and in cases in which accuracy in fact-finding is undermined by circumstances for which no person can be : Ariel Porat.

Downloadable. ecause factual uncertainty distorts the allocation of civil liability, this article argues that the law should impose liability for uncertainty. Justified on both corrective justice and economic efficiency grounds, this liability should be imposed upon any person who negligently aggravates the uncertainty of a civil case by making its evidential base deficent.

Tort Liability under Uncertainty offers a comprehensive analysis of the liability problems that arise in connection with causally uncertain damages. The book critically discusses the American, English and Israeli case-law, along with scholarly writings that appeared across the globe, and offers a number of innovative solutions to the uncertainty problem (one of those solutions was incorporated in the Third.

fines of law of tort, and argues that consumers should be pro-tected at all times and independently of contractual relations otherwise producers themselves may become ‘killers’ in the near future.

Keywords: Care, Consumer, Defective, Duty, Prod-uct, Negligence, Liability. 1. Introduction. Liability[1] in tort for defective product is an excep-File Size: KB.Created Date: 12/12/ AM.LIABILITY FOR FAILURE TO ADAPT TO CLIMATE CHANGE.

disposition of climate adaptation cases in which the appropriate timescale, for example, and other peculiarities of climate change are predominant - such as "preparing" for abrupt climate change or climate surprises-are harder Size: 1MB.