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Uncertainty is present in nearly every tort litigation; this book confronts the issue, at both doctrinal and policy levels. It presents and critically examines the existing doctrinal solutions of the problem and offers a number of original solutions to the problem, such as imposition of collective liability and liability for evidential damage. It also combines the traditional doctrinal depiction of the law, as evolved in England, Canada, United States, and Israel, with general theoretical insights.
This book investigates the pervasive challenge of uncertainty in tort litigation and proposes novel doctrinal and policy-based frameworks to address it. Authors Alex M. Stein and Ariel Porat leverage their expertise in legal theory and comparative law to analyze how judicial systems handle cases where causation or evidence is incomplete. By synthesizing traditional legal doctrines with original theoretical insights, the authors argue for more robust mechanisms, such as collective liability and liability for evidential damage, to ensure equitable outcomes in complex legal disputes.
What You Will Find
Legal scholars and practitioners frequently cite this work as a foundational text for understanding the intersection of tort doctrine and economic theory. Readers often note the academic density of the prose, which serves as a rigorous resource for those studying the evolution of liability standards in common law jurisdictions.
Page Count:
232
Publication Date:
2002-02-07
Publisher:
Oxford University Press
ISBN-10:
0198267975
ISBN-13:
9780198267973
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