Israel Gilead, Michael D Green, Bernhard A Koch (eds)
Proportional Liability:
Analytical and Comparative Perspectives

Tort and Insurance Law, vol. 33

Berlin/Boston:
De Gruyter (fortcoming 2012)
 

Language: English


 

 
     
 

Causation is the glue that connects an actor’s wrongdoing with a victim’s harm, thereby invoking the obligation to recompense the victim. But factual causation can be notoriously difficult to prove. Courts have, traditionally, required the plaintiff to prove to the requisite standard of proof that causation exists. This monograph addresses what has, to date, been a modest reform toward permitting recovery based on a probability that causation exists, discounting the damages awarded by the probability of causation. The central purpose of our inquiry is to employ a comparative methodology to better understand how different legal systems respond to causal uncertainty and to examine why, how and in what situations rules of proportional liability can promote the goals of tort law.

 
 
Contents:

Country Reports
B Askeland: Norway
E Baginska: Poland
G Comandé: Italy
E Dacoronia: Greece
I Gilead: Israel
MD Green: USA
A Keirse: Netherlands
BA Koch: Austria
U Magnus: Germany
M Martín-Casals: Spain
O Moréteau: France
J Neethling: South Africa
K Oliphant: England
L Tichý: Czech Republic
V Ulfbeck: Denmark
P Widmer/B Winiger: Switerland

Special Reports
J Spier: Proportional Liability seen from the Principles of European Tort Law Perspective
I Gilead/MD Green/BA Koch: General Report
BA Koch: Comparative Report