Journal ArticleDOI
Causation—The Lords' Lost Chance?
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This article is published in International and Comparative Law Quarterly.The article was published on 1989-10-01. It has received 4 citations till now. The article focuses on the topics: Causation.read more
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Journal ArticleDOI
Causality and Association: The Statistical and Legal Approaches
TL;DR: In this article, the authors distinguish between three versions of "causation": the first involves negligence in providing or allowing exposure, the second involves "cause" as it is shown through a scientifically proved increased risk of an outcome from the exposure in a population, and the third considers 'cause' as it might apply to an individual plaintiff based on the first two.
Dissertation
A critical analysis of the current approach of the courts and academics to the problem of evidential uncertainty in causation in tort law
TL;DR: The NESS test for causation is shown to be preferable to the but-for test because it is conceptually more adequate and therefore able to address causal problems that the but for test cannot as discussed by the authors.
Journal ArticleDOI
The Loss of Chance Doctrine in Medical Malpractice: A Lost Case?
TL;DR: In this article, the authors advocate the adoption of the lost chance doctrine in cases of medical malpractice in England and Wales and provide an overview of the traditional rules on causation, a rigorous critique of the "all or nothing" standard of proof, and an evaluation of three "moderating mechanisms" that could be used to mitigate the harshness of the all or nothing principle.
Journal ArticleDOI
Causality and Association: The Statistical and Legal Approaches
TL;DR: In this article, the Bradford Hill approach is used to test causality in an observational framework, and discuss how such a systematic series of tests might be considered in a legal context, and provide an approach both to individual outcomes being caused on a balance of probabilities, and to the idea of material contribution to such outcomes.