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 language | English |
---|---|
Pages (from-to) | 587-602 |
Journal | Chicago-Kent Law Review |
Volume | 91 |
Issue number | 2 |
Publication status | Published - 16 May 2016 |
Bibliographical note
Recommended CitationKen 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
Fingerprint
Dive into the research topics of 'Causation in Cases of Evidential Uncertainty: Juridical Techniques and Fundamental Issues'. Together they form a unique fingerprint.Profiles
-
Professor Ken Oliphant
- University of Bristol Law School - Head of School, Professor of Tort Law
- European Law
- Private Law
Person: Academic , Member, Professional and Administrative