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 defendants. This phenomenon is prevalent in the area of mass torts, which occupies the centre of the tort law agenda in the past three decades. In this area, victims of torts systematically fail to establish their lawsuits against wrongdoers even when it is clear that the latter are responsible for enormous damages. The uncertainty problem is not limited to the mass tort context. In many other contexts, tort and evidence law doctrines also fail to offer satisfactory solutions to that problem. Typically, this failure occurs in cases that involve indeterminate causation, an evidentiary barrier that prevents factual attribution of the litigated damage to the defendant's wrongdoing. Due to this failure, victims of torts are left under-compensated and their wrongdoers under-deterred.
This book provides a comprehensive 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 for evidential damage. The book combines the traditional doctrinal depiction of the law, as evolved in England, Canada, United States, and Israel, with general theoretical insights that include economic analysis.
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About the Author
Professor Ariel Porat is Professor of Law at Tel-Aviv University.
Professor Alex Stein is Professor of Law at The Hebrew University of Jerusalem
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Tort Liability Under Uncertainty
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Oxford University Press, 2002
ISBN 10: 0198267975
ISBN 13: 9780198267973
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Tort Liability Under Uncertainty
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Tort Liability Under Uncertainty
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Tort Liability Under Uncertainty
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Hardcover. Condition: new. Hardcover. 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 defendants. This phenomenon is prevalent in the area of mass torts, which occupies the centre of the tort law agenda in the past three decades. In thisarea, victims of torts systematically fail to establish their lawsuits against wrongdoers even when it is clear that the latter are responsible for enormous damages. The uncertainty problem is not limitedto the mass tort context. In many other contexts, tort and evidence law doctrines also fail to offer satisfactory solutions to that problem. Typically, this failure occurs in cases that involve indeterminate causation, an evidentiary barrier that prevents factual attribution of the litigated damage to the defendant's wrongdoing. Due to this failure, victims of torts are left under-compensated and their wrongdoers under-deterred. This book provides a comprehensive treatmentof 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 originalsolutions to the problem, such as imposition of collective liability and liability for evidential damage. The book combines the traditional doctrinal depiction of the law, as evolved in England, Canada, United States, and Israel, with general theoretical insights that include economic analysis. The book provides an account of the uncertainty problem that arises in tort litigation. It presents and examines the existing doctrinal solutions of the problem, as evolved in England, United States, Canada, and Israel, and also offers a number of original solutions, such as imposition of collective liability and liability for evidential damage. This item is printed on demand. Shipping may be from our Sydney, NSW warehouse or from our UK or US warehouse, depending on stock availability. Seller Inventory # 9780198267973
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Tort Liability Under Uncertainty
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ISBN 10: 0198267975
ISBN 13: 9780198267973
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