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Causation

Robert Stevens

in Torts and Rights

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199211609
eISBN:
9780191705946
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199211609.003.0006
Subject:
Law, Law of Obligations

The standard approach to issues of ‘factual’ causation is to apply a counter-factual analysis. But for X would Y not have occurred? There are said to be two problems associated with this test of ... More


Causation

Cees Van Dam

in European Tort Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199672264
eISBN:
9780191751288
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199672264.003.0011
Subject:
Law, Law of Obligations, EU Law

This chapter examines the causal connection between the tortfeasor's conduct or the cause for which he is strictly liable, on the one hand, and the damage, on the other. Problems arise if there is ... More


Assessing the Causal Link

Duncan Fairgrieve

in State Liability in Tort: A Comparative Law Study

Published in print:
2003
Published Online:
March 2012
ISBN:
9780199258055
eISBN:
9780191698507
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199258055.003.0006
Subject:
Law, Law of Obligations

This chapter aims to clarify the attitude of the French and English courts toward state liability in tort with a comparative survey of prevailing tests of causation in each jurisdiction. The English ... More


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