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Causal Relationship In The U.s. Toxic Tort

Posted on:2008-01-08Degree:MasterType:Thesis
Country:ChinaCandidate:H LiuFull Text:PDF
GTID:2206360212987496Subject:Law
Abstract/Summary:PDF Full Text Request
In the past two decades, American toxic tort cases have increased dramatically. This type of tort case origins from the litigation of hazardous products, whereas now it has involved various fields including environmental tort, product liability, workplace liability, real estate liability and etc., which is striking in American tort law. And in toxic tort cases, the decision of medical causation is an inevitable step, which makes the traditional tort problem, namely, causation even more subtle and sophisticated.This thesis focuses on the analysis of causation on the basis of an overall introduction of toxic tort, in an attempt to provide remarkable reference for the legal protection of victims in the field of environmental tort, food safety, medicine safety and professional diseases.For the first part, the definition, characteristic, and activities involved in toxic tort are discussed in detail, which figures out the outline of toxic tort.In the second part, on the basis of demonstrating American toxic tort cases, causation, which is of the most essential problem, is explored, and puzzles existing in this problem are indicated respectively.In the last part, the scientific approaches used in the resolution of causation in America are analyzed, with the combination of introduction of America courts'attitude toward these approaches, which provides practical reference for both the research and judicial practice in the relevant areas in China.The most striking features of this thesis are:Firstly, in order to provide reliable and comprehensive introduction of American toxic tort, this thesis is totally based on first-hand English materials.Next, the scientific and medical approaches used in causation evidence are fully discussed.Finally, the introduction of American toxic tort opens a bran-new sight view for the research and practice in various areas in China.
Keywords/Search Tags:toxic tort, causation, exposure, proof approach
PDF Full Text Request
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