Tort Liability Under Uncertainty by Alex Stein, Ariel Porat (Hardcover, 2001)

Oxford University Press

This comprehensive book delves into the pervasive issue of uncertainty in tort litigation. It explores how courts typically address this by requiring proof by a preponderance of the evidence, yet highlights the systematic difficulties plaintiffs face in establishing their claims, particularly in mass tort cases. The book examines existing doctrinal solutions and proposes original approaches, including collective liability and liability for evidential damage. It combines traditional legal depictions from England, Canada, the United States, and Israel with economic analysis to offer a thorough treatment of uncertainty in torts at both doctrinal and policy levels. Key Features: * Comprehensive analysis of uncertainty in tort litigation. * Examination of existing and proposed solutions. * Focus on mass torts and indeterminate causation. * Includes economic analysis and insights from multiple legal systems. Summary: A deep dive into tort liability under uncertainty, covering legal doctrines, policy, and economic analysis for the book 'Tort Liability Under Uncertainty' by Ariel Porat and Alex Stein, published by Oxford University Press.