Causation in Cases of Evidential Uncertainty: Juridical Techniques and Fundamental Issues

Research output: Contribution to journalArticle (Academic Journal)peer-review

Abstract

This paper reviews from a comparative legal perspective the range of juridical techniques that have been developed in different legal systems to address perceived problems of uncertain alternative causation. It finds that the process of development has generally proceeded in an ad hoc and unprincipled fashion, without regard for overall coherence. It argues for a more principled legal approach in which the appropriate legal response (full liability, proportional liability or no liability) is adopted on the basis of a ranking of the different categories of cases in which problems of causal uncertainty can arise, reflecting the strength (or weakness) of the arguments in favor of the imposition of (at least some) liability.
Original languageEnglish
Pages (from-to)587-602
JournalChicago-Kent Law Review
Volume91
Issue number2
Publication statusPublished - 16 May 2016

Bibliographical note

Recommended Citation
Ken Oliphant, Causation in Cases of Evidential Uncertainty: Juridical Techniques and Fundamental Issues, 91 Chi.-Kent. L. Rev. 587 (2016).
Available at: http://scholarship.kentlaw.iit.edu/cklawreview/vol91/iss2/9

Keywords

  • Tort Law
  • Causation
  • Comparative Law

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