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Law, Probability and Risk Advance Access originally published online on April 1, 2009
Law, Probability and Risk 2009 8(1):39-54; doi:10.1093/lpr/mgp009
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© The Author [2009]. Published by Oxford University Press. All rights reserved.

Liability for negligently increased risk: the repercussions of Barker v. Corus UK (plc)

Chris Miller{dagger}

Salford Centre of Legal Research, Salford University, Salford M5 4WT, UK

{dagger} Email: c.e.miller{at}salford.ac.uk

Received on 16 July 2008. Revised on 4 February 2009. Accepted on 12 February 2009.


  Abstract

The philosophical problem of ‘references classes’ is discussed within the context of probabilistic causation and, more particularly, liability for the negligent increase of the risk of personal injury. The implications of a recent addition to the U.K. case law on asbestos-related disease are then examined.

Keywords: causation; reference classes; risk; probability; uncertainty; mesothelioma


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