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Published: 11 March 2023

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1

Martin-Casals, Miquel, and Diego M. Papayannis, eds. Uncertain Causation in Tort Law. Cambridge: Cambridge University Press, 2015. http://dx.doi.org/10.1017/cbo9781316414774.

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2

1950-, Spier Jaap, Busnelli Francesco Donato, and European Centre of Tort and Insurance Law., eds. Unification of tort law: Causation. The Hague: Kluwer Law International, 2000.

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3

Maleski, David J. Proof of causation in private tort actions in Georgia. Norcross, GA (3110 Crossing Park, Norcross 30091-7500): Harrison Co., 1986.

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4

N, Watts Fraser, ed. Creation: Law and probability. Minneapolis: Fortress Press, 2008.

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5

American Bar Association. Section of Litigation., ed. Evidentiary issues raised by the use of expert witnesses to prove causation and damages in business tort cases. [Chicago, Ill.]: American Bar Association, Section of Litigation, 1998.

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6

American Law Institute-American Bar Association Committee on Continuing Professional Education., ed. Proof of causation and damages in toxic tort cases: October 20, 1988 via satellite to 50 + cities : ALI-ABA course of study materials. Philadelphia PA (4025 Chestnut Street, Philadelphia 19104): American Law Institute-American Bar Association Committee on Continuing Professional Education, 1988.

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7

Infantino, Marta, and Eleni Zervogianni. Causation in European Tort Law. Cambridge University Press, 2017.

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8

Infantino, Marta, and Eleni Zervogianni, eds. Causation in European Tort Law. Cambridge University Press, 2017. http://dx.doi.org/10.1017/9781108289887.

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9

Causation in European Tort Law. Cambridge University Press, 2018.

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10

Papayannis, Diego M., and Miquel Martín-Casals. Uncertain Causation in Tort Law. Cambridge University Press, 2015.

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11

Infantino, Marta, and Eleni Zervogianni. Causation in European Tort Law. Cambridge University Press, 2017.

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12

Martín-Casals, Miquel, and Diego M. Papayannis. Uncertain Causation in Tort Law. Cambridge University Press, 2015.

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13

Steel, Sandy. Proof of Causation in Tort Law. Cambridge University Press, 2015.

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14

Steel, Sandy. Proof of Causation in Tort Law. Cambridge University Press, 2017.

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15

Steel, Sandy. Proof of Causation in Tort Law. Cambridge University Press, 2015.

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16

Steel, Sandy. Proof of Causation in Tort Law. Cambridge University Press, 2015.

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17

Infantino, M. Causation in Western Tort Law: A Comparative Perspective. Elgar Publishing Limited, Edward, 2012.

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18

Horsey, Kirsty, and Erika Rackley. Tort Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198785286.001.0001.

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Tort Law encourages the reader to understand, engage with, and critically reflect upon tort law. The book contains five parts. Part I, which is about the tort of negligence, looks at duty of care, omissions, acts of third parties, psychiatric harm, economic loss, breach, causation and remoteness, and defences to negligence. Part II considers occupiers’, product and employers’ liability and breach of statutory duty. Part III looks at personal torts and explains trespass to the person, defamation and the invasion of privacy. Part IV concerns land torts and Part V looks at liability (including vicarious liability), damages and limitations.
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19

Horsey, Kirsty, and Erika Rackley. Tort Law. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198829270.001.0001.

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Tort Law encourages the reader to understand, engage with and critically reflect upon tort law. The book contains five parts. Part I, which is about the tort of negligence, looks at the basic principles of the duty of care and at special duty problems relating to: omissions and acts of third parties, psychiatric harm, public bodies and economic loss. It also covers breach, causation and remoteness, and defences to negligence. Part II considers occupiers’, product and employers’ liability and breach of statutory duty. Part III looks at personal torts and explains trespass to the person, defamation and the invasion of privacy. Part IV concerns land torts and Part V looks at liability (including vicarious liability), damages and limitations.
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20

Horsey, Kirsty, and Erika Rackley. Tort Law. 7th ed. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198867760.001.0001.

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Tort Law encourages the reader to understand, engage with and critically reflect upon tort law. The book contains five parts. Part I, which is about the tort of negligence, looks at the basic principles of the duty of care and at special duty problems relating to: omissions and acts of third parties, psychiatric harm, public bodies and economic loss. It also covers breach, causation and remoteness, and defences to negligence. Part II considers occupiers’, product and employers’ liability and breach of statutory duty. Part III looks at personal torts and explains trespass to the person, defamation and the invasion of privacy. Part IV concerns land torts and Part V looks at liability (including vicarious liability), damages and limitations.
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21

Creation: Law and Probability. Taylor & Francis Group, 2018.

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22

(Editor), Bénédict Winiger, Helmut Koziol (Editor), Bernhard A. Koch (Editor), and Reinhard Zimmermann (Editor), eds. Essential Cases on Natural Causation (Digest of European Tort Law). Springer, 2007.

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23

Brennan, Carol. Tort Law Concentrate. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198840541.001.0001.

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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Having begun with a consideration of the meaning of tort and the context of the ‘tort system’, Tort Law Concentrate covers the key elements of negligence: duty of care, breach of duty, and causation. Economic loss and psychiatric injury are specifically discussed. The guide also explains the intentional torts: trespass to the person and to land as well as the tort in Wilkinson v Downton are covered, as is product liability. The family of nuisance torts, with their importance for environmental control are included, as is the key issue of remedies. This new edition includes coverage of recent case law, such as Woodland v Swimming Teachers’ Association (2014) and Coventry v Lawrence (2014). This edition has been fully updated in light of developments in the law, including the Defamation Act 2013 and the continuing impact of the Human Rights Act 1998.
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24

Brennan, Carol. Tort Law Concentrate. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198803904.001.0001.

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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Having begun with a consideration of the meaning of tort and the context of the ‘tort system’, Tort Law Concentrate covers the key elements of negligence: duty of care, breach of duty, and causation. Economic loss and psychiatric injury are specifically discussed. The guide also explains the intentional torts: trespass to the person and to land as well as the tort in Wilkinson v Downton are covered, as is product liability. The family of nuisance torts, with their importance for environmental control are included, as is the key issue of remedies. This new edition includes coverage of recent case law, such as Woodland v Swimming Teachers’ Association (2014) and Coventry v Lawrence (2014). This edition has been fully updated in light of developments in the law, including the Defamation Act 2013 and the continuing impact of the Human Rights Act 1998.
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25

Brennan, Carol. Tort Law Concentrate. 6th ed. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780192897275.001.0001.

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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Having begun with a consideration of the meaning of tort and the context of the ‘tort system’, Tort Law Concentrate covers the key elements of negligence: duty of care, breach of duty, and causation. Economic loss and psychiatric injury are specifically discussed. The book also explains the intentional torts: trespass to the person and to land as well as the tort in Wilkinson v Downton are covered, as is product liability. The family of nuisance torts, with their importance for environmental control are included, as is the key issue of remedies. This new edition includes coverage of recent case law, such as Barclays Bank plc v Various Claimants (2020) and Lachaux v Independent Print (2019). This edition has been fully updated in light of developments in the law, including the continuing impact of the Human Rights Act 1998 and the Consumer Rights Act 2015.
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26

Horsey, Kirsty, and Erika Rackley. Casebook on Tort Law. 16th ed. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780192893659.001.0001.

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Kidner’s Casebook on Torts provides a comprehensive, portable library of the leading cases in the field. It presents a wide range of carefully edited extracts, which illustrate the essence and reasoning behind each decision made. Concise author commentary focuses the reader on the key elements within the extracts. Statutory materials are also included where they are necessary to understand the subject. The book examines the tort of negligence including chapters on the basic principles of duty of care, omissions and acts of third parties, the liability of public bodies, psychiatric harm, economic loss, breach of duty, causation and remoteness of damage and defences. It goes on to consider three special liability regimes—occupiers’ liability, product liability and breach of statutory duty—before turning to discussion of the personal torts and land torts. It concludes with chapters on vicarious liability and damages.
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27

Steiner, Eva. The Law of Tort. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198790884.003.0014.

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This chapter examines the French law of tort. Although French law takes a broad approach to civil liability, when looking more closely at the way in which French judges have dealt with claims in tort, it becomes apparent that the need to avoid extending the scope of civil liability to an unlimited extent has also been present in French law. Indeed, in order to achieve desirable results, French judges have on many occasions used their discretion to interpret restrictively the elastic concepts of fault, damage, and causation. Hence, they end up dismissing claims which, for policy reasons, would have created unjust results or would have opened the gates to a flood of new claims. Thus, even though French judges do not admit to it openly in their judgments, they are influenced as regards the matter of deciding the limits of liability by general policy considerations, especially the ‘floodgates arguments’ which their English counterparts also readily understand.
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28

Watts, Fraser. Creation: Law and Probability. Taylor & Francis Group, 2018.

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29

Watts, Fraser. Creation: Law and Probability. Taylor & Francis Group, 2018.

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30

Lunney, Mark, Donal Nolan, and Ken Oliphant. Tort Law: Text and Materials. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198745525.001.0001.

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Tort Law: Text and Materials brings together a selection of carefully chosen extracts from cases and materials, with extensive commentary. Each section begins with a clear overview of the law, followed by illustrative extracts from case law and from government reports and scholarly literature, which are supported by explanation and analysis. The authors start by introducing the subject, and then examine intentional interference with the person before moving on to liability for negligence. Their analysis provides an overview of negligence liability in general, and then addresses in turn breach of duty, causation and remoteness, defences to negligence, and specific duty of care issues (psychiatric illness, economic loss, omissions and acts of third parties, and public bodies). In the following chapter, the authors consider the special liability regimes for employers and occupiers, as well as product liability and breach of statutory duty. The focus then switches to nuisance and the rule in Rylands v Fletcher, defamation, and privacy, before turning to vicarious liability, and damages for personal injury and death. Finally, they explore how tort works in practice.
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31

Dyer, Karen, and Anil Balan. Concentrate Questions and Answers Tort Law. 2nd ed. Oxford University Press, 2022. http://dx.doi.org/10.1093/he/9780192865656.001.0001.

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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Concentrate Questions and Answers Tort Law aims to provide the skills for success in exams in this area of law. It starts off by looking at negligence in terms of duty of care, breach of duty and causation and remoteness of damage. It then looks at employers’ liability and vicarious liability. It also considers product and occupiers liabilities. It examines intentional torts. It looks at the case Rylands v Fletcher. General defences and damages are also considered. Finally, it provides mix topic questions and looks at coursework assessments.
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32

Dyer, Dr Karen. Concentrate Questions and Answers Tort Law. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198745297.001.0001.

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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Concentrate Questions and Answers Tort Law aims to provide the skills for success in exams in this area of law. It starts off by looking at negligence in terms of duty of care, breach of duty and causation and remoteness of damage. It then looks at employers' liability and vicarious liability. It also considers product and occupiers liabilities. It examines intentional torts. It looks at the case Rylands v Fletcher. General defences and damages are also considered. Finally, it provides mix topic questions and looks at coursework assessments.
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33

Bussani, Mauro, Anthony Sebok, and Marta Infantino. Common Law and Civil Law Perspectives on Tort Law. Oxford University Press, 2022. http://dx.doi.org/10.1093/oso/9780195368383.001.0001.

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The book provides scholars, lawyers, and law students with a comparative overview of the law of civil liability for injuries arising outside of contract in five major legal systems in the common law and civil law traditions: England, the United States, France, Germany, and Italy. The book analyzes a number of foundational issues that lie at the core of tort law in all the jurisdictions surveyed, and takes them as points of comparison for appreciating commonalities and differences between the common law and the civil law traditions, as well as within each of these traditions. The analysis covers the structure and context of tort law architectures, the role of negligence and the continuum between fault and strict liability, rules on recovery for personal injuries, non-economic losses and for pure economic losses, tests and approaches to causation, medical, and products liability regimes. As such, the book offers an updated and enriched framework for understanding the rules, theories, styles of reasoning, and cultures of tort law across the Atlantic.
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34

Creation: Law and Probability (Theology and the Sciences) (Theology and the Sciences) (Theology and the Sciences). Fortress Press, 2008.

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35

Beebee, Helen, Christopher Hitchcock, and Peter Menzies, eds. The Oxford Handbook of Causation. Oxford University Press, 2010. http://dx.doi.org/10.1093/oxfordhb/9780199279739.001.0001.

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The Oxford Handbook of Causation provides an overview of topics related to causation, as well as the history of the causation debate from the ancient Greeks to the logical empiricists. Causation is a central topic in many areas of philosophy. In metaphysics, philosophers want to know what causation is, and how it is related to laws of nature, probability, action, and freedom of will. In epistemology, philosophers investigate how causal claims can be inferred from statistical data, and how causation is related to perception, knowledge, and explanation. In the philosophy of mind, philosophers want to know whether and how the mind can be said to have causal efficacy, and in ethics, whether there is a moral distinction between acts and omissions and whether the moral value of an act can be judged according to its consequences. In addition, causation is a contested concept in other fields of enquiry, such as biology, physics, and the law. The articles, which are all written by leading experts in the field of causation, provide surveys of contemporary debates, while often also advancing novel and controversial claims.
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36

Stapleton, Jane. Three Essays on Torts. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192893734.001.0001.

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These essays champion tort scholarship that puts the judges at centre stage: what they do, how they understand their role, the heterogeneous reasons they give for their decisions, and their constitutional responsibility to identify and articulate the ‘living’ and ‘evolving’ common law. This is ‘reflexive tort scholarship’. Reflexive tort scholars seek dialogue with Bench and Bar. Their approach is very different from the currently fashionable academic search for ‘Grand Theories’ that descriptively assert that tort law is fundamentally ‘all about one thing’, a unifying idea that alone explains and justifies the whole of tort law. The book illustrates the advantages and pay-offs of the reflexive style of scholarship by showing how it illuminates various key features of tort law. Essay 2 identifies a principle of tort law (the ‘cooperative principle’) that is latent in the cases and that vindicates the value of collaborative human arrangements. Identifying this principle calls into question, in disputes between commercial parties, the reasoning used to support one of the most entrenched lines of authority in tort law—that based on the famous case of Hedley Byrne v Heller. Essay 3 deploys the reflexive method to argue that the iconic ‘but-for’ test of factual causation is inadequate and narrower than the concept actually utilised in the cases. Application of the method also prompts a reassessment of the ‘scope of duty’ concept and of the appropriate characterisation of the much-discussed decision in SAAMCO. These essays clearly demonstrate the value of scholarship that ‘takes the judges seriously’.
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37

Samanta, Jo, and Ash Samanta. 2. Medical negligence. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198815204.003.0002.

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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter deals with medical negligence and how claims can be brought in the tort of negligence via three requirements: the defendant owed the claimant a duty of care; the defendant’s performance fell below the standard expected; and that the claimant’s injury was caused by the breach of duty. The duty of care in doctor–patient relationships and in ‘good Samaritan’ situations is considered. The Bolam test is discussed, which is used to judge the standard of care expected from doctors (subject to the Bolitho principle), as well as tests to establish causation such as the ‘but for’ test. Relevant cases are cited where appropriate.
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