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Proportional Liability: Analytical and Comparative Perspectives () by Gilead, Israel; Green, Michael D.; Koch, Bernhard A. is a scholarly article available to read on EtoBox.

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<!doctype html public "-//w3c//dtd html 4.0 transitional//en"> <html><head> <meta http-equiv=content-type content="text/html; charset=iso-8859-1"> <meta content="mshtml 6.00.6000.17104" name=generator></head> <body><SPAN lang=EN-GB> <P dir=ltr align=justify>Causal uncertainty is a wide-spread phenomenon. Courts are often unable to determine whether a defendant’s tortious conduct was a factual cause of a plaintiff’s harm. </SPAN><SPAN lang=DE>Yet, sometimes courts can determine the probability that the defendant caused the plaintiff’s harm, although often there is considerable variance in the probability estimate based on the available evidence. The conventional way to cope with this uncertainty has been to apply the evidentiary rule of ‘standard of proof’. </P> <P dir=ltr align=justify></P></SPAN><SPAN lang=EN-GB> <P dir=ltr align=justify>The application of this ‘all or nothing’ rule can lead to unfairness by absolving defendants who acted tortiously and may also create undesirable incentives that result in greater wrongful conduct and injustice to victims. Some courts have decided that this ‘no-liability’ outcome is undesirable. They have adopted rules of proportional liability th

Author

Gilead, Israel; Green, Michael D.; Koch, Bernhard A.

Publisher

Saur, K. G., Verlag. ein Imprint der Walter de Gruyter GmbH

Published

2013

Language

EN

ISBN

9783110282535