This question of legal causation may involve consideration of the effect of intervening acts occurring between the defendant's negligence and the claimant's injury, and may also entail a decision as to the appropriate limit to place on the defendant's liability as a matter of policy tort law: text and materials (5th edn). Causation in english law concerns the legal tests of remoteness, causation and foreseeability in the tort of negligence it is also relevant for english criminal law and english contract law in the english law of negligence, causation proves a direct link between the defendant's negligence and the claimant's loss and damage. An outline of the law relating causation in tort law considers the application of the 'but for' test, the position adopted where there exist multiple causes, the approach taken in novus actus interveniens and explains the egg shell skull rule. Edited by jaap spier, hoge raad der nederlanden, helmut koziol, professor, university of vienna, austria the foundation of tort law in various european legal systems differ considerably until now, there has not been an attempt to harmonize the entire field of tort law in a consistent manner therefore, a group of tort.
Within tort law there are two types of causation: factual causation and legal causation (also known as remoteness) this lecture focuses on factual causation. Quiz on causation - tort law revision- how much do you know about causation in tort law do you know what the 'but for' test is and in which case it was established do you know the approaches used where there is more than one possible cause and what a novus actus interveniens means in relation to causation in tort. For a defendant to be found negligent, the law requires a causal link between an act or omission and the harm suffered by the plaintiff many labels have been used to describe causal links, and certain difficulties may arise in applying those labels to the facts of a given case in resurfice corp v hanke, the.
Causation of an event alone is insufficient to create legal liability sometimes causation is one part of a multi-stage test for legal liability for example, for the defendant to be held liable for the tort of negligence, the defendant must have owed the plaintiff a duty of care, breached that duty, by so doing caused damage to the. Causation in english tort law: still wrong after all these years sandy steel to the question when may a claimant recover substantial damages from a defendant despite being unable to prove that the defendant's wrongful conduct caused her damage english tort law gives an incoherent and unjust.
I start with the leading causation decision of the high court of australia in relation to the law of torts this decision posed a test for causation which i respectfully submit may be in decline this is the common sense test of causation although its genesis is much earlier, the common sense approach to. Faculty publications by an authorized administrator of ur scholarship repository for more information, please contact [email protected] richmondedu recommended citation peter nash swisher, causation requirements in tort and insurance law practice: demystifying some legal causation riddles, 43 tort. Causation is an element common to all three branches of torts: strict liability, negligence, and intentional wrongs causation has two prongs first, a tort must be the cause in fact of a particular injury, which means that a specific act must actually have resulted in injury to another in its simplest form, cause in fact is established.
This paper discusses the economics of causation in tort law, describing precise implications for precautionary incentives when courts are and are not perfectly.
Articles causation and liability in tort law desmond m clarke for the first time in our legal history, persons are made liable for damage even though they may not have caused it at all, simply because they have materially contributed to the risk of causing that damage1 the theory of tortious liability has long assumed. The but-for test is a test commonly used in both tort law and criminal law to determine actual causation the test asks, but for the existence of x, would y have occurred if the answer is yes, then factor x is an actual cause of result y. Tort cases involving scientific uncertainty frequently present courts with a difficult causation issue in the paradigmatic case, the available scientific evidence indicates that a substance might be hazardous, but does not establish that the substance is hazardous' professor of law, new york university school of law i thank. A negligence action can be broken down into four components: duty, breach, causation, and damages the causation prong subdivides further into factual and proximate causation we looked closely, in chapter 9, at some factual and proximate causation issues in contributory negligence cases.