Ariel Porat and Alex Stein

in Tort Liability Under Uncertainty

Published in print November 2001 | ISBN: 9780198267973
Published online March 2012 | e-ISBN: 9780191683435 | DOI:

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This introductory chapter explains the coverage of this book, which is about the allocation of tort liability involving uncertain cases. This book analyses and criticises the doctrinal arrangements that control the allocation of liability in torts in factually uncertain cases. It proposes the evidential damage doctrine as supplement to the doctrinal arrangements for rectifying the plaintiff’s evidential incapacitation. The analyses are conducted in the context of English and American tort doctrines.

Keywords: tort liability; evidential damage doctrine; uncertainty; tort litigation; United States; England

Chapter.  7332 words. 

Subjects: Civil Law

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