Causation In Negligence

Causation in Negligence PDF
Author: Sarah Green
Publisher: Bloomsbury Publishing
ISBN: 1782255214
Size: 65.96 MB
Format: PDF, Kindle
Category : Law
Languages : en
Pages : 224
View: 6134

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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.

Evidential Uncertainty In Causation In Negligence

Evidential Uncertainty in Causation in Negligence PDF
Author: Gemma Turton
Publisher: Bloomsbury Publishing
ISBN: 1509900330
Size: 46.11 MB
Format: PDF, Kindle
Category : Law
Languages : en
Pages : 264
View: 5137

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This book undertakes an analysis of academic and judicial responses to the problem of evidential uncertainty in causation in negligence. It seeks to bring clarity to what has become a notoriously complex area by adopting a clear approach to the function of the doctrine of causation within a corrective justice-based account of negligence liability. It first explores basic causal models and issues of proof, including the role of statistical and epidemiological evidence, in order to isolate the problem of evidential uncertainty more precisely. Application of Richard Wright's NESS test to a range of English case law shows it to be more comprehensive than the 'but for' test that currently dominates, thereby reducing the need to resort to additional tests, such as the Wardlaw test of material contribution to harm, the scope and meaning of which are uncertain. The book builds on this foundation to explore the solution to a range of problems of evidential uncertainty, focusing on the Fairchild principle and the idea of risk as damage, as well as the notion of loss of a chance in medical negligence which is often seen as analogous with 'increase in risk', in an attempt to bring coherence to this area of the law.

Causation In European Tort Law

Causation in European Tort Law PDF
Author: Marta Infantino
Publisher: Cambridge University Press
ISBN: 1108418368
Size: 14.52 MB
Format: PDF
Category : Law
Languages : en
Pages :
View: 2859

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This book takes an original and comparative approach to issues of causation in tort law across many European legal systems.

The Statutory Foundations Of Negligence

The Statutory Foundations of Negligence PDF
Author: Mark Leeming
Publisher:
ISBN: 9781760021955
Size: 56.86 MB
Format: PDF, ePub
Category : Negligence
Languages : en
Pages : 224
View: 2930

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This work explains how statutes underpin and inform the whole of the law of negligence. Although the civil liability legislation has highlighted the foundational role of statutes, in truth this has been the case for many decades. The book shows how throughout the entirety of the law of negligence - including duty, breach, causation, contributory negligence, statutory contribution, proportionate liability and damages - statutes have been responsible for the law as it is now understood and practised. In particular, the law of causation, of damages for mental harm and the immunity of highway authorities are shown to have been deeply informed by statute.Moreover, the contribution of statutes is demonstrated to be vital, complex and interesting.The book's purpose is both educational and practical. While it will strengthen the reader's conceptual understanding of the complex ways in which statutes and the common law interact to produce the law of negligence, the book is far from a work of abstract theory. On the contrary, its focus is on the very significant practical consequences that flow from the interaction. As such, it will be of enormous assistance to any practitioner seeking to understand or practise in the area. The coverage is Australia-wide.

Causation In Law And Medicine

Causation in Law and Medicine PDF
Author: Danuta Mendelson
Publisher: Routledge
ISBN: 1351953028
Size: 64.75 MB
Format: PDF, ePub, Docs
Category : Law
Languages : en
Pages : 560
View: 5987

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Causation is an issue that is fundamental in both law and medicine, as well as the interface between the two disciplines. It is vital for the resolution of a great many disputes in court concerning personal injuries, medical negligence, criminal law and coronial issues, as well as in the provision of both diagnoses and treatment in medicine. This book offers a vital analysis of issues such as causation in law and medicine, issues of causal responsibility, agency and harm in criminal law, causation in forensic medicine, scientific and statistical approaches to causation, proof of cause, influence and effect, and causal responsibility in tort law. Including contributions from a number of distinguished doctors, lawyers and scientists, it will be of great interest and value to academics and practitioners alike.

Perspectives On Causation

Perspectives on Causation PDF
Author: Richard Goldberg
Publisher: Bloomsbury Publishing
ISBN: 1847318428
Size: 14.76 MB
Format: PDF, ePub, Docs
Category : Law
Languages : en
Pages : 478
View: 5657

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The chapters in this volume arise from a conference held at the University of Aberdeen concerning the law of causation in the UK, Commonwealth countries, France and the USA. The distinguished group of international experts who have contributed to this book examine the ways in which legal doctrine in causation is developing, and how British law should seek to influence and be influenced by developments in other countries. As such, the book will serve as a focal point for the study of this important area of law. The book is organised around three themes - the black letter law, scientific evidence, and legal theory. In black letter law scholarship, major arguments have emerged about how legal doctrine will develop in cases involving indeterminate defendants and evidential gaps in causation. Various chapters examine the ways in which legal doctrine should develop over the next few years, in particular in England, Scotland, Canada and the USA, including the problem of causation in asbestos cases. In the area of scientific evidence, its role in the assessment of causation in civil litigation has never been greater. The extent to which such evidence can be admitted and used in causation disputes is controversial. This section of the book is therefore devoted to exploring the role of statistical evidence in resolving causation problems, including recent trends in litigation in the UK, USA, Australia and in France and the question of liability for future harm. In the legal theory area, the so-called NESS (necessary element in a sufficient set) test of causation is discussed and defended. The importance of tort law responding to developing science and observations from the perspective of precaution and indeterminate causation are also explored. The book will be of interest to legal academics, policy makers in the field, specialist legal practitioners, those in the pharmaceutical and bioscience sectors, physicians and scientists.

Causation In The Law

Causation in the Law PDF
Author: H. L. A. Hart
Publisher: OUP Oxford
ISBN: 0191018295
Size: 20.69 MB
Format: PDF, Kindle
Category : Law
Languages : en
Pages : 596
View: 527

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An updated and extended second edition supporting the findings of its well-known predecessor which claimed that courts employ common-sense notions of causation in determining legal responsibility.

The Law Of Intervening Causation

The Law of Intervening Causation PDF
Author: Douglas Hodgson
Publisher: Ashgate Publishing, Ltd.
ISBN: 9780754673668
Size: 22.24 MB
Format: PDF, ePub, Mobi
Category : Law
Languages : en
Pages : 273
View: 1927

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Utilizing a comparative examination of case-law from England, Canada, the USA, Australia, New Zealand and Ireland, this volume provides a comprehensive and systematic study of the law of intervening causation (novus actus interveniens) to present an analysis of this particular judicial limitation of liability device.

Tort Law

Tort Law PDF
Author: Sue Hodge
Publisher: Routledge
ISBN: 1317436660
Size: 54.71 MB
Format: PDF, Kindle
Category : Law
Languages : en
Pages : 352
View: 897

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This textbook covers the Tort Law option of the A-level law syllabus, and provides at the same time an ideal introduction for anybody coming to the subject for the first time. The book covers all A-level syllabuses/specification requirements, and is written by the examiner in Tort Law for one of the major examination boards. It contains extensive case illustration, and a range of examination related questions and activities. There is a special focus on key skills, and on the new synoptic assessment syllabus requirements. This fully updated third edition builds upon the success of the first two editions, containing a new section on human rights and new case information such as Z v UK, Rees, Walters, Fairchild, Tomlinson, Marcic, Transco, National Blood, Mothercare, Douglas v Hello, Campbell v MGN. fully updated third edition coverage of OCR and AQA specifications, endorsed by OCR for use with Tort Law option includes new OCR synoptic assessment source materials (for use in examinations in June 2005) with additional guidance author is a Principal Examiner for one of the major examination boards new cases include Z v UK, Rees, Walters, Fairchild, Tomlinson, Marcic, Transco, National Blood, Mothercare, Douglas v Hello, Campbell v MGN, with expanded discussion of human rights and new health and safety regulations

Clinical Negligence

Clinical Negligence PDF
Author: Malcolm Khan
Publisher: Routledge
ISBN: 1135344981
Size: 43.24 MB
Format: PDF, Mobi
Category : Law
Languages : en
Pages : 578
View: 2216

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First published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.

Trials

Trials PDF
Author: Thomas A. Mauet
Publisher: Aspen Publishers Online
ISBN: 0735551030
Size: 27.89 MB
Format: PDF, ePub
Category : Law
Languages : en
Pages : 621
View: 7513

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Today's successful trial lawyers never forget that the final verdict rests in the hands of the jury. That's why the strategy of successful trial lawyers is focused on influencing the jury -- from jury selection to closing statement, and everything in between. Now, best-selling author Tom Mauet has written Trials: Strategy, Skills, and the New Powers of Persuasion -- a powerful, practical, and highly engaging text that looks at strategy the same way that today's best trial lawyers do. Trials incorporates significant new insights in theory and practice that are influencing traditional trial strategy. - Back cover.

Rediscovering The Law Of Negligence

Rediscovering the Law of Negligence PDF
Author: Allan Beever
Publisher: Bloomsbury Publishing
ISBN: 1847315011
Size: 10.34 MB
Format: PDF, Mobi
Category : Law
Languages : en
Pages : 562
View: 5844

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Rediscovering the Law of Negligence offers a systematic and theoretical exploration of the law of negligence. Its aim is to re-establish the notion that thinking about the law ought to and can proceed on the basis of principle. As such, it is opposed to the prevalent modern view that the various aspects of the law are and must be based on individual policy decisions and that the task of the judge or commentator is to shape the law in terms of the relevant policies as she sees them. The book, then, is an attempt to re-establish the law of negligence as a body of law rather than as a branch of politics. The book argues that the law of negligence is best understood in terms of a relatively small set of principles enunciated in a small number of leading cases. It further argues that these principles are themselves best seen in terms of an aspect of morality called corrective justice which, when applied to the most important aspects of the law of negligence reveals that the law - even as it now exists - possesses a far greater degree of conceptual unity than is commonly thought. Using this method the author is able to examine familiar aspects of the law of negligence such as the standard of care; the duty of care; remoteness; misfeasance; economic loss; negligent misrepresentation; the liability of public bodies; wrongful conception; nervous shock; the defences of contributory negligence, voluntary assumption of risk, and illegality; causation; and issues concerning proof, to show that when the principles are applied and the idea of corrective justice is properly understood then the law appears both systematic and conceptually satisfactory. The upshot is a rediscovery of the law of negligence.

Living Scared

Living Scared PDF
Author: Linda Allone
Publisher: Xlibris Corporation
ISBN: 1465334114
Size: 78.94 MB
Format: PDF, ePub, Docs
Category : Medical
Languages : en
Pages : 421
View: 351

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This is the first thing weve done right with this kid, argued Dr. Epstein, after I challenged his decision to alter my sons course of treatment. Just listening to this world-renowned pediatric neurosurgeon admit to all the negligent care that hurt James and trapped us in the hospital for months terrified me. As Dr. Epstein rambled on about finally being on the right track with Jamess care, I wondered if Id ever get my son out of this hospital alive. This unimaginable nightmare all began in August 1982 when my youngest son, James, was admitted to New York Cornell Hospital in Manhattan, New York. He was diagnosed and treated with radiation for a brainstem glioma (tumor). The doctors told us that James would probably die in less than a year. In 1985 James was admitted to NYU Medical Center in Manhattan, New York, for what the doctors said was a recurrence of his brain disease. James was expected to undergo one surgery to remove the tumor and return home in seven to ten days. As a result of repeated mistakes by doctors, nurses, and physical therapists, James was forced to undergo eight surgeries, including one surgery that was performed without our knowledge or consent. Nine months later, my son was discharged from NYU Medical Center, permanently injured and totally disabled. Sixteen years later we discovered that James never had a brainstem tumor. Living Scared begins as a heart-wrenching memoir but quickly develops into a hard-hitting expos that probes indifference, complacent attitudes, reckless behavior, incompetence, eroding ethics, descending standards of practice, and widespread corruption in medicine. Medical Negligence Is A National Crisis Screaming newspaper headlinesdoctor operates on the wrong leg! or surgical instrument left inside patient!have become a commonplace occurrence as medical negligence spreads pervasively throughout our nation. What once was so shocking to people now hardly raises an eyebrow because allowed behavior has become accepted behavior. Sadly, we have no one to blame for this atrocity but ourselves because our society has come to accept the avoidable mistakes that occur in all hospitals as human error, and thats wrong. An estimated 100,000 people die from hospital infections every year. Another 100,000 people die from medical negligence. Some 1.5 million people a year are injured as a result of medication mistakes. Hospitals rarely blame doctors or nurses for the medical mistakes that occur in hospitals. More often than not, hospital administrators invariably blame the system each time a patient is injured or killed as a result of a medical mistake. Disciplinary action against the doctor or nurse involved is rarely executed. An example of this: Chief Executive Sam Odle of Methodist Hospital in Indianapolis said, Whenever something like this happens [regarding a medication mix-up that killed three infants on September 23, 2006], it is not an individual responsibility; its an institutional responsibility. The truth is, human negligence is often responsible for a majority of the mistakes that occur in hospitals; but hospital administrators will never admit to this fact. Instead, they shrewdly manipulate the public and minimize public outrage by blaming the system each time a patient dies as a result of medical negligence. This strategy works very well because the system is intangible, and people dont seem to get as fired up when the system fails, as opposed to a living, breathing human who failed to do their job and was responsible for the death of a patient. This nationwide crisis, approaching epidemic proportions, has prompted the U.S. government to issue a warning to all hospitals to clean up their act after a national survey showed that 47 percent of Americans were directly affected, or knew of someone af

Clinical Research And The Law

Clinical Research and the Law PDF
Author: Patricia M. Tereskerz
Publisher: John Wiley & Sons
ISBN: 1118272161
Size: 54.24 MB
Format: PDF
Category : Medical
Languages : en
Pages : 280
View: 1715

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The legal implications of conducting clinical research and trials are becoming more complex. Everyone involved in clinical research increasingly needs to be aware of not only the ethical issues at stake but also how the law affects medical practice and research. Much of clinical research and trial law and litigation is comparatively recent and researchers need to ensure current compliance on a wide range of issues. Including: standards and duty of care informed consent conflicts of interest research contracts establishing clinical trials the disclosure and withholding of clinical trial results Clinical Research and the Law comprehensively discusses these topics and provides the answers to the legal questions and potential pitfalls encountered in medical research. It is an up-to-date, practical guide for clinical investigators and their institutional administrators, particularly risk managers and research administrators, as well as healthcare administrators and members of institutional review boards. This book is also a key resource for medical students, postgraduate research students, practicing attorneys and counselors for teaching hospitals and institutions undertaking clinical research and contract research organizations.