http://www.egtl.org is a legal webpage of the European Group on Tort Law (EGTL). The website is maintained by the Institute of European and Comparative Private Law at the University of Girona (hereinafter "the Institute").
Users can send their suggestions, questions or complaints about the operation of our service through the contact section.
Unless express provision to the contrary, the contents of this site are the property of the EGTL. The intellectual property rights of members and other collaborators of the EGTL who publish papers on this website correspond to the authors in accordance with the law.
The EGTL allows viewing, playback, printing and downloading of parts of web site content with the following conditions:
1. That such action is consistent with the purpose of the website and does not harm the image and reputation of the EGTL, the Institute, the University of Girona, or third parties.
2. That it is done for a personal and private use (not commercial use).
3. That the intellectual property and generally applicable law is observed.
No modification of all or part of that content is allowed.
The disclosure, reproduction, distribution or public communication of this content must include the term "copyright" or equivalent sign (©).
Violation of these conditions constitutes an unlawful act which may result in sanctions under the law.
On data protection, please see the information in the legal notice by the University of Girona: http://www.udg.edu/tabid/5487/Default.aspx
The legal information contained in this site is for informational purposes only. The EGTL does not guarantee its accuracy or update. Therefore it is not liable for any damage arising from its use. The EGTL is not liable for damage derived from browsing of websites linked by the present website or damage derived from links to other web sites, or failures, errors or damage of any kind to the user's computer system (hardware and software), or the files or documents stored on it, which is caused resulting from circumstances within the sphere of control of the user, such as the ability or quality of his or her computer system, the presence of viruses on his or her computer, etc.
Publications - Proportional Liability: Analytical and Comparative Perspectives
Ed. by Gilead, Israel / Green, Michael D. / Koch, Bernhard A.
Berlin/Boston, Walter de Gruyter, 2013
Causal uncertainty is a wide-spread phenomenon. Courts are often unable to determine whether a defendant’s tortious conduct was a factual cause of a plaintiff’s harm. Yet, sometimes courts can determine the probability that the defendant caused the plaintiff’s harm, although often there is considerable variance in the probability estimate based on the available evidence. The conventional way to cope with this uncertainty has been to apply the evidentiary rule of ‘standard of proof’.
The application of this ‘all or nothing’ rule can lead to unfairness by absolving defendants who acted tortiously and may also create undesirable incentives that result in greater wrongful conduct and injustice to victims. Some courts have decided that this ‘no-liability’ outcome is undesirable. They have adopted rules of proportional liability that compensate plaintiffs according to the probability that their harm was caused by the defendant’s tortious conduct.
In 2005 the Principles of European Tort Law (PETL) made a breakthrough in this regard by embracing rules of proportional liability. This project, building on PETL, endeavours to make further inquiries into the desirable scope of proportional liability and to offer a more detailed view of its meaning, implications, and ramifications.