Suchergebnisse

The place and space of causation -- Causation in the law : philosophy, doctrine, and practice -- Actual causation in the second and third restatements : or, the expulsion of the substantial factor test -- The European ways to causation -- Preliminary remarks on methodology -- The case studies -- Summary and survey of the results

Through a comprehensive analysis of sixteen European legal systems, based on an assessment of national answers to a factual questionnaire, Causation in European Tort Law sheds light on the operative rules applied in each jurisdiction to factual and legal causation problems. It highlights how legal systems' features impact on the practical role that causation is called upon to play, as well as the arguments of professional lawyers. Issues covered include the conditions under which a causal link can be established, rules on contribution and apportionment, the treatment of supervening, alternative and uncertain causes, the understanding of loss-of-a-chance cases, and the standard and the burden of proving causation. This is a book for scholars, students and legal professionals alike