Causation in European Tort Law

Front Cover
Marta Infantino, Eleni Zervogianni
Cambridge University Press, Dec 28, 2017 - Law - 726 pages
Through a comprehensive analysis of sixteen European legal systems, based on an assessment of national answers to a factual questionnaire, Causation in European Tort Law sheds light on the operative rules applied in each jurisdiction to factual and legal causation problems. It highlights how legal systems' features impact on the practical role that causation is called upon to play, as well as the arguments of professional lawyers. Issues covered include the conditions under which a causal link can be established, rules on contribution and apportionment, the treatment of supervening, alternative and uncertain causes, the understanding of loss-of-a-chance cases, and the standard and the burden of proving causation. This is a book for scholars, students and legal professionals alike.
 

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Contents

Contributors page
xiii
National Reporters
xix
Basic Provisions
xxvii
Abbreviations
li
The Place and Space of Causation
3
Philosophy Doctrine and Practice
17
Actual Causation in the Second and Third
60
The European Ways to Causation
85
Asbestos or Cigarettes?
322
A MultiContaminated River
353
An Epidemic in Town
380
The Defective Trunk Lid
405
Too Many Creditors
423
Head Protection Lacking
442
The Good Samaritan
467
A Stroke of Misfortune
492

Preliminary Remarks on the Methodology
131
The Case Studies
139
A Dangerous Photograph
218
A Cancerous Drug
272
Hiking in the Storm
298
Summary and Survey of the Results
587
Bibliography
667
Index
705
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About the author (2017)

Marta Infantino is Assistant Professor in the Legal Department at the Universit... degli Studi di Trieste, Italy. She has published extensively in Italian, English and French on comparative contract law, comparative tort law, human rights and global legal indicators. Some of her works have been translated into Chinese and Spanish. Her monograph on causation was awarded the Italian Lynx Academy's prize for emerging authors in 2013.

Eleni Zervogianni is Assistant Professor of Civil Law in the Law Faculty at the Aristotle University of Thessaloniki, Greece. Her research focuses mainly on the law of obligations as well as family and succession law, both from a national and comparative law perspective. She is the author of two monographs and more than fifty articles and contributions to collective works in Greek, English and German.

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