Tort Liability Under Uncertainty [Hardcover]

Uncertainty is present in nearly every tort litigation; this book confronts the issue, at both doctrinal and policy levels. It presents and critically examines the existing doctrinal solutions of the problem and offers a number of original solutions to the problem, such as imposition of collective liability and liability for evidential damage. It also combines the traditional doctrinal depiction of the law, as evolved in England, Canada, United States, and Israel, with general theoretical insights.

Acknowledgements
List of Cases
Introduction
I. Liability Under Uncertainty: Allocating the Risk of Error
A. The Nature of the Problem
B. Burden of Proof and Utility
C. Burden of Proof and Fairness
D. Special Cases
E. Two Interpretations of the Civil Standard of Proof
II. The Tension Between the Burden of Proof and Tort Law Objectives
A. Cases of Wrongful Damage where the Wrongdoer is Unidentifiable
B. Cases of Wrongful Damage where the Injured Party is Unidentifiable
C. Cases of Wrongful Conduct that may or may not have Resulted in Damage
D. Cases of Damage Wrongfully Inflicted by Separate Wrongdoers
E. Cases of Damage Originating both from a Wrongdoer and a Non-Wrongful Cause
III.Res Ipsa Loquitur
A.Res Ipsa Loquiturand Statistical Negligence
B. Strong Presumption or Weak Presumption?
C.Res Ipsa Loquiturand the Cheapest Cost-Avoider
D.Res Ipsa Loquiturand Liability for Uncertainty
E. Conclusion
IV. Risk as Damage
A. The Nature of the Problem
B. Liability for Bare Risk
C. Liability for Lost Chances
D. Conclusion
V. Collective Liability
A. The Nature of the Problem
B. Is Collective Liability Justified?
C. Collective Liability under Corrective Justice
D. Collective Liability and Deterrence
E. Spreading the Damage
F. Incelc,