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The Law of Large-Scale Claims

The Law of Large-Scale Claims

Product liability, mass torts, and complex litigation in Canada

By Jamie Cassels and Craig Jones

CONTENTS
On its simplest level, the purpose of this book is to explain the legal rules applicable to cases of large scale claims, typically in "product liability" and "mass torts." The book builds on a recognition that there is a field of practice--and, increasingly, of legal study--which demands a working comprehension of the way in which a number of apparently diverse fields of practice interact in the modern courtroom. These practice areas include, but are not limited to, product liability, torts, corporation law, evidence, conflict of laws, class actions, and the law of remedies.

Large scale claims have generated significant changes to both substantive and procedural rules as courts struggle to reconcile modern models of production and consumption with the requirements of justice in the enforcement of private and public obligations. It is this struggle which The Law of Large-Scale Claims addresses.


CONTENTS

Introduction

Part One - Sources of Liability

Causes of Action in Product Liability
Causes of Action in Mass Tort
Remedies in Large Scale Claims

Part Two - Problems of Proof and Causation

The Problem of Indeterminate Causation
Problems of Proof
The Problem of Corporate Groups

Part Three - The Law of Aggregate Claims

Class Proceedings
Some Emerging Issues Regarding Class Actions

Part Four - Interjurisdictional Dimensions

Conflict of Laws in Large Scale Claims
Interjurisdictional Class Actions
Conclusion: The Future of Large-Scale Claims in Canada
   

Published January 2005
Publisher Irwin Law (Canada)
Paperback/510pp
ISBN 9781552210925
Australian RRP $85.00
International Price $80.00
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Law - Canadian Law
Law - Torts
Law - Civil Litigation


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