Chapter

The Evidential Damage Doctrine: Applications and Evaluation

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/9780198267973.003.0008
The Evidential Damage Doctrine: Applications and Evaluation

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This chapter evaluates the application of the proposed evidential damage doctrine to paradigmatic tort cases. It compares the results with those obtained by positive law. The findings reveal that the evidential damage doctrine is best used in tandem with existing legal doctrines. This chapter explains that such a combined approach would promote the fundamental objectives of the law of torts better than any of its alternatives would.

Keywords: evidential damage doctrine; tort liability; uncertainty; positive law; legal doctrines; law of torts

Chapter.  10024 words. 

Subjects: Civil Law

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