Liability for Uncertainty: Making Evidential Damage Actionable

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:
Liability for Uncertainty: Making Evidential Damage Actionable

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This chapter proposes a new form of liability in torts called liability for uncertainty or the evidential damage doctrine. This doctrine is capable of distinguishing cases in which the existing uncertainty resulted from a person’s wrongful conduct and in cases in which accuracy in fact-finding is undermined by circumstances for which no person can be blamed. Under this doctrine a person responsible for the factual uncertainty of a case will assume liability in torts for that evidential damage.

Keywords: tort liability; evidential damage doctrine; uncertainty; wrongful conduct; tort litigation

Chapter.  11830 words. 

Subjects: Civil Law

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