Sentences with phrase «on causation by»

Researchers can also hone in on causation by tracking child development over time, and looking for evidence of change.

In Bolitho v Hackney and City Health Authority Bolitho v City and Hackney Health Authority [1997] 4 All ER 771 it was held that ``... a plaintiff can discharge the burden of proof on causation by satisfying the court either that the relevant person would in fact have taken the requisite action (although she would not have been at fault if she had not) or that the proper discharge of the relevant person's duty towards the plaintiff required that she take that action».

Researchers can also hone in on causation by tracking child development over time, and looking for evidence of change.

Not exact matches

And just as we frequently mistake correlation for causation, we're susceptible to what's called the «gambler's fallacy,» the belief that anomalies from expected outcomes in a random process are likely to be evened out by their opposites in the future — or, more simply, the idea that a roulette ball that's landed eight straight times on black is therefore more likely on the ninth spin to land on red.

On their motion for summary judgment, defendants argued that plaintiffs had not satisfied the loss causation requirement of Section 10 (b) because plaintiffs» losses were not caused by the revelation that First Solar had committed fraud.

The Tao, the ultimate principle of reality, is said to exercise its influence on nature and man not by active causation but by wu - wei, an untranslatable term for «active inaction» or, as I would prefer, «effective non-interference» or «non-interfering effectiveness.»

I wanted there to be macroscopic forms as an essential ingredient in the theory, and these exerting an influence on what happened by providing a sort of filter into which the causation of quantum mechanics had to direct itself.

Though correlation doesn't necessarily connote causation, it is interesting to note that 9 of the 10 most religious states in the US, as revealed by a 2008 Gallup poll of more than 355,000 adults in the U.S. regarding the importance of religion in their lives, are also on the CDC's list of the 10 fattest states.

Your last paragraph ignores the difference between an evolutionary hypothesis based on physical evidence and demonstrable mechanisms versus the magical causation inferred by scientifically ignorant ancient tribes resulting from a human tendency towards teleological thinking.

Darwin then distinguishes his «plan of creation» from the belief in «special creations» by drawing on a dual causation theory developed by Thomas Aquinas.

This would not only render the presumably factual principle of uniformity logically necessary, it would also beg the question by simply denying the tenability of the claim that laws evolve and insisting on the notion of uniform causation.

I have argued that we should reconceive concrescence itself as the active interweaving of efficient and final causation, understanding by efficient causation the entire career of physical feeling, not simply concentrating exclusively on its initial phase.

The author argues that we should reconceive concrescence itself as the active interweaving of efficient and final causation, understanding by efficient causation the entire career of physical feeling, not simply concentrating exclusively on its initial phase.

On the microscopic level, when the novelty originating in the mental pole of an actual occasion is largely absent, the power of efficient causation escapes modification by conceptual ideals.

The findings of the study, based on the Aesop's fable The Crow and the Pitcher, help solve a debate about whether children learning to use tools are genuinely learning about physical causation or are just driven by what action previously led to a treat.

Lastly, this may be the most important piece of information on the page: The Unified Theory of Heart Disease, proposed by Linus Pauling and Mathias Rath suggests that subclinical vitamin C deficiency (scurvy), Lipoprotein small (a) and mechanical stress at key arterial sites (such as bifurcations) are the major players in causation of heart disease.

Added to the neuroscience research on causation is additional scientific research conducted by education specialists on variability in patterns of dyslexia and the importance of individualizing interventions.

The problem with the best - practices approach is not entirely that it depends on case studies, but that by avoiding variation in the dependent variable it prevents any scientific identification of causation.

Ms. Ravitch and other critics of school choice reverse causation by blaming the sad state of public schools on events that occurred long after schools had stagnated.

A counter view is possible: that primitivism on the contrary invalidates Modernism by showing it to be derivative and subject to external causation.

The idea of an evaporation thermostat was proposed in the 1970's by Newell, and was based on erroneous reasoning confusing correlation with causation; when one does the physics, one finds that evaporation increases the air - sea coupling, but can't prevent a warming if the atmosphere itself warms.

It's now frightening how little climate science is known by both sides of the debate on human causation of global warming.

Whether, under principles described in Snell v. Farrell, [1990] 2 S.C.R. 311, it is open for a trier of fact to find causation by drawing an inference based on all the evidence led at trial, notwithstanding the fact that the defence has led some evidence to the contrary.

(2) Exceptionally, a plaintiff may succeed by showing that the defendant's conduct materially contributed to risk of the plaintiff's injury, where (a) the plaintiff has established that her loss would not have occurred «but for» the negligence of two or more tortfeasors, each possibly in fact responsible for the loss; and (b) the plaintiff, through no fault of her own, is unable to show that any one of the possible tortfeasors in fact was the necessary or «but for» cause of her injury, because each can point to one another as the possible «but for» cause of the injury, defeating a finding of causation on a balance of probabilities against anyone.

Torts — Negligence — Medical malpractice — Causation — Trial judge finding respondent obstetrician liable for applicant infant's injuries — Whether, under principles described in Snell v. Farrell, [1990] 2 S.C.R. 311, it is open for a trier of fact to find causation by drawing an inference based on all the evidence led at trial, notwithstanding the fact that the defence has led some evidence to the contrary — Whether, in an informed consent case, the causation issue is decided in accordance with the majority or the minority opinions of the House of Lords in Chester v Afshar, [2005] 1 Causation — Trial judge finding respondent obstetrician liable for applicant infant's injuries — Whether, under principles described in Snell v. Farrell, [1990] 2 S.C.R. 311, it is open for a trier of fact to find causation by drawing an inference based on all the evidence led at trial, notwithstanding the fact that the defence has led some evidence to the contrary — Whether, in an informed consent case, the causation issue is decided in accordance with the majority or the minority opinions of the House of Lords in Chester v Afshar, [2005] 1 causation by drawing an inference based on all the evidence led at trial, notwithstanding the fact that the defence has led some evidence to the contrary — Whether, in an informed consent case, the causation issue is decided in accordance with the majority or the minority opinions of the House of Lords in Chester v Afshar, [2005] 1 causation issue is decided in accordance with the majority or the minority opinions of the House of Lords in Chester v Afshar, [2005] 1 A.C. 134.

The appeal was allowed as the trial judge made an error by failing to provide jury with a proper summary of the evidence, having referred frequently to the claimant's «entitlement» to compensation, without adequate emphasis on the question of legal causation.

You must not just show that you have suffered damage, but also that the damage was caused by the breach of duty on the part of the Defendant («causation»).

But on causation he found that even if they had brought their knowledge to the attention of the bank syndicate financing the company, then the bank syndicate would not have acted differently by pulling further funding.

[25] As noted by Mr. Finn, the trial judge did not go on to determine the question of causation because he found that Mr. Evoy met the duty of care.

In Volume 2, Forensic Science, we have compiled a science / medical reference with hard - to - find data on injury and injury mechanism topics, to prove causation and damages for a variety of crash types and crash injuries, including epidemiology, injury risk by crash type, injury pattern analysis, biomechanics, and more.

Of course, those damages will still be assessed with reference to ordinary principles of law, including causation, foreseeability, remoteness and mitigation and what amounts to payment within a «reasonable time» will depend on a number of factors to be determined on a case by case basis.

On the facts of this case, the only «principle of causation» the trial judge needed, assuming he needed it at all given the evidence he accepted, was Snell's «causation need not be determined by scientific precision».

Cassels Brock submitted on appeal that the trial judge erred in his findings concerning the scope of the dealer retainer; by finding that Cassels Brock breached its duties to the class members; in his treatment of the Saturn dealers» claims; by inferring causation; by awarding aggregate damages; and in his quantification of damages.

An unquantified liability has also been established which remains to be determined by the Tribunal in September 2017, subject to issues of causation, but which the Claimants assess at a figure between USD 26.5 bn and USD 39.8 bn, depending on what payments are made by the KRG before then and various assumptions in relation to the extent of delay and disruption allegedly caused by the KRG's actions.

Sharpe J.A. said that the Court was unable to discern the test for causation applied by the trial judge and held that there was no evidence on a balance of probabilities that, but for the physician's negligence, the Plaintiff would not have lost her leg.

They can however both be held liable on Clements material contribution: the estate can show the loss was caused by a tort, both were sufficiently negligent, and can only defeat causation through a point the finger approach.

The evidential burden of showing that the crime and Gray's subsequent incarceration amounted to a break in the chain of causation was on the defendant and where the manslaughter either did not break the chain of causation or where any contributory fault on the part of the claimant was less than 100 %, the claim would not be so inextricably bound up with the criminal conduct so as to be prohibited by public policy.

Instead, he preferred to treat the case as one of «remoteness» (corrected by Lord Mance to mean «causation») and to rely instead on the limitations on damages on Addis, thereby either treating these cases as really ones of wrongful dismissal or extending Addis to cover cases analogous to that action.

in reasons written by McLachlin CJ seemingly rejected, killed, and buried the Athey meaning of material contribution or materially contributed as a test for proof of factual causation on the balance of probability.

One might suppose that that Clements would have fixed the stake in Athey material contribution's heart; that is, material contribution, by any name or any version such as «materially contributes», as a method of proof of factual causation on the balance of probability where the meaning is anything less than «necessity».

For now, Resurfice material contribution applies only in the situations described by Clements in para. 39, where the Court provided an explanation of the meaning of Resurfice «s «impossible to establish factual causation on the balance of probability using the but - for test.»

In any event, it seems a safe guess that the Clements analysis will spread to other areas of law which have causation requirements, to the extent permitted by the judiciary's views on the principles governing those other areas.

First, it contends that the trial judge's finding on causation — that the waste deposit materially contributed to the unpalatability of the well water — was tainted by palpable and overriding errors and was unreasonable.

The judge concluded that by failing to give such warnings the defendant was in breach of its common duty of care; that this would have alerted parents to the risk of danger and as to the issue of causation he concluded that on the balance of probabilities sensible information would «have made every difference».

However, while writing his reasons, the motion judge decided to resolve the motions on a fifth basis: he would grant a notional cross-motion by the respondents for partial summary judgment of their claim for breach of fiduciary duty and order a trial or additional summary judgment motions to prove victimization, harm and causation of harm, and to quantify the individual respondents» damages, if any.