Chapter

The Tension between the Burden of Proof and Tort Law Objectives

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: http://dx.doi.org/10.1093/acprof:oso/9780198267973.003.0003
The Tension between the Burden of Proof and Tort Law Objectives

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This chapter examines the paradigmatic tort cases that feature the uncertainty problem or the problem of untraceable damage and indeterminate causation. The findings reveal that the discrete categories of these cases should not be governed by the general burden-of-proof doctrine because it would deny remedy to plaintiffs. The results also indicate that positive law has devised special rules for some of those cases that deviate from the general burden-of-proof requirements.

Keywords: tort cases; uncertainty problem; burden-of-proof; untraceable damage; indeterminate causation

Chapter.  14268 words. 

Subjects: Civil Law

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