From: Ken Oliphant <ken.oliphant@oeaw.ac.at>
To: obligations@uwo.ca
Date: 24/09/2013 10:50:03 UTC
Subject: ODG: New Publication on Proportional Liability

Dear All
 
A new publication from ECTIL and the Institute for European Tort Law may of interest to ODGers with interests in the law of causation or comparative tort law:
 
Israel Gilead/Michael D Green/ Bernhard A Koch (eds), Proportional Liability: Analytical and Comparative Perspectives (Berlin: de Gruyter, 2013), ISBN 978-3-11-028253-5
 
From the blurb:
 
"Courts have, traditionally, required the plaintiff to prove to the requisite standard of proof that causation exists. This monograph addresses what has, to date, been a modest reform toward permitting recovery based on a probability that causation exists, discounting the damges awarded by the probability of causation. The central purpose of this inquiry is to employ a comparative methodology to better understand how different legal systems respond to causal uncertainty and to examine why, how and in what situations rules of proportional liability can promote the goals of tort law."
 
Best wishes
Ken