Proportional liability [electronic resource] : analytical and comparative perspectives / Israel Gilead, Michael D. Green, Bernhard A. Koch (eds) ; with contributions by Bjarte Askeland [and 22 others].
- 其他作者：
- 其他題名：
- Tort and insurance law ;
- 出版： Berlin ;Boston : De Gruyter [2013]
- 叢書名： Tort and insurance law ,volume 33
- 主題： Liability (Law) , Torts.
- ISBN： 9783110282580 (ebook)
- URL：
電子書
- 一般註：Description based on print version record. Electronic reproduction.; Palo Alto, Calif.
- 書目註：Includes bibliographical references and index.
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讀者標籤：
- 系統號： 005212805 | 機讀編目格式
館藏資訊
Causal uncertainty is a wide-spread phenomenon. Courts are often unable to determine whether a defendant’s tortious conduct was a factual cause of a plaintiff’s harm. Yet, sometimes courts can determine the probability that the defendant caused the plaintiff’s harm, although often there is considerable variance in the probability estimate based on the available evidence. The conventional way to cope with this uncertainty has been to apply the evidentiary rule of ‘standard of proof’. The application of this ‘all or nothing’ rule can lead to unfairness by absolving defendants who acted tortiously and may also create undesirable incentives that result in greater wrongful conduct and injustice to victims. Some courts have decided that this ‘no-liability’ outcome is undesirable. They have adopted rules of proportional liability that compensate plaintiffs according to the probability that their harm was caused by the defendant’s tortious conduct. In 2005 the Principles of European Tort Law (PETL) made a breakthrough in this regard by embracing rules of proportional liability. This project, building on PETL, endeavours to make further inquiries into the desirable scope of proportional liability and to offer a more detailed view of its meaning, implications, and ramifications.
內容註
General report : causal uncertainty and proportional liability : analytical and comparative report /srael Gilead, Michael D. Green and Bernhard A.Koch Casual uncertainty and proportional liability in Austria /ernhard A. Koch Casual uncertainty and proportional liability in the Czech Republic /ubos Tichy and Jiri Hradek Casual uncertainty and proportional liability in Denmark /ndreas Bloch Ehlers and Vibe Ulfbeck Casual uncertainty and proportional liability in England and Wales /en Oliphant Casual uncertainty and proportional liability in France /livier Moreteau Casual uncertainty and proportional liability in Germany /lrich Magnus Casual uncertainty and proportional liability in Greece /ugenia Dacoronia Casual uncertainty and proportional liability in Israel /oaz Shnoor and Israel Gilead Proportional liability in uncertain settings : is it precautionary? Italian insights and comparative policy considerations /iovanni Comande and Luca Nocco Going Dutch : how to address case of casual uncertainty /nne LM Keirse Casual uncertainty and proportional liability in Norway /jarte Askeland Casual uncertainty and proportional liability in Poland /wa Baginska Casual uncertainty and proportional liability in South Africa /ohann Neethling Casual uncertainty and proportional liability in Spain /iquel Martin-Casals and Josep Sole Casual uncertainty and proportional liability in Switzerland /ierre Widmer and Benedict Winiger Casual uncertainty and proportional liability in the US /ichael D. Green.