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Proportional Liability: Analytical and Comparative Perspectives (Tort and Insurance Law)

Michael D. Green, Bernhard A. Koch, Israel Gilead




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 | #7308109 in Books |  de Gruyter |  2013-03-15 | Original language:English | PDF # 1 |  9.50 x6.50 x1.00l,.0 | File type: PDF | 480 pages

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||About the Author||Israel Gilead, Hebrew University of Jerusalem, Israel; Michael D. Green, Wake Forest University School of Law, Winston-Salem, USA; Bernhard A. Koch, Innsbruck University, Austria.

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 evidentiar...

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