Causation issues present analytically challenging and complex problems for the law. This is particularly so when an event or omission intervenes between the trigger to the causal chain and the injury ultimately sustained by the victim. This book is the first treatise ever to be published which analyses intervening causation issues from both a common law and civil law perspective. After an introduction and historical overview, the book examines the various legal tests used to resolve intervening causation issues. Later chapters focus on common operative contexts. Drawing upon a comparative law examination of case-law from the leading common law and civil law jurisdictions, this book provides a comprehensive analysis of the judicial limitation of liability device of novus actus interveniens. The structured approach of this book, its scope of cross-jurisdictional coverage and its concluding core general legal principles should prove especially useful to practising and academic lawyers, judges, jurists and law students working in the fields of tort, delict and personal injury litigation.
Causation issues present analytically challenging and complex problems for the law. This is particularly so when an event or omission intervenes between the trigger to the causal chain and the injury ultimately sustained by the victim. This book is the first treatise ever to be published which analyses intervening causation issues from both a common law and civil law perspective. After an introduction and historical overview, the book examines the various legal tests used to resolve intervening causation issues. Later chapters focus on common operative contexts. Drawing upon a comparative law examination of case-law from the leading common law and civil law jurisdictions, this book provides a comprehensive analysis of the judicial limitation of liability device of novus actus interveniens. The structured approach of this book, its scope of cross-jurisdictional coverage and its concluding core general legal principles should prove especially useful to practising and academic lawyers, judges, jurists and law students working in the fields of tort, delict and personal injury litigation.
Utilizing a comparative examination of case-law from England, Canada, the USA, Australia, New Zealand and Ireland, this volume provides a comprehensive and systematic study of the law of intervening...
An updated and extended second edition supporting the findings of its well-known predecessor which claimed that courts employ common-sense notions of causation in determining legal responsibility.
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