5. Liability for Damage Caused: Causation and Remoteness

2019 ◽  
pp. 202-239
Author(s):  
Simon Deakin ◽  
Zoe Adams
Keyword(s):  
Case Law ◽  
Causal Link ◽  
Tort Liability ◽  
Extensive Discussion ◽  
Occupational Illness ◽  
Essential Ingredient ◽  
The Third ◽  
Illness And Disease ◽  
Complex Cases

This chapter examines the third element of the tort of negligence, namely, causation. The defendant’s carelessness must be shown to have caused the loss or damage in question. The finding of a sufficient causal link is an essential ingredient in all forms of tort liability (with the exception of torts actionable without proof of damage). The discussions cover the nature of the causal inquiry; but-for causation; and remoteness of damage. There is extensive discussion of the Fairchild principle and the issue of causation in complex cases of liability for occupational illness and disease, with particular reference to the mesothelioma case law.

5. Liability for Damage Caused: Causation and Remoteness

2013 ◽  
Author(s):  
Simon Deakin ◽  
Angus Johnston ◽  
Basil Markesinis
Keyword(s):  
Causal Link ◽  
Tort Liability ◽  
Essential Ingredient ◽  
The Third

This chapter examines the third element of the tort of negligence, namely, causation. The defendant’s carelessness must be shown to have caused the loss or damage in question. The finding of a sufficient causal link is an essential ingredient in all forms of tort liability (with the exception of torts actionable without proof of damage). The discussions cover the nature of the causal inquiry; but-for causation; and remoteness of damage.

scholarly journals Mauritian Tort Law

2020 ◽  
pp. 184-203
Author(s):  
Goran Georgijević
Keyword(s):  
Civil Law ◽  
Tort Law ◽  
Case Law ◽  
Causal Link ◽  
Civil Code ◽  
Tort Liability ◽  
French Case ◽  
Harmful Event

According to the general tort law of Mauritius (articles 1382 through 1384 of the Mauritian Civil Code), three conditions must be met before tort liability may be implemented, namely the existence of harm, the existence of a causal link, and the existence of a harmful event. This paper contains an analysis of the fundamentals of the tort law of Mauritius, which is based on Mauritian case law and French case law and French doctrine, which are considered a persuasive authority in Mauritian Civil Law.

Formation of Contract and Third Parties in Cambodia

2018 ◽  
Author(s):  
Ly Tayseng
Keyword(s):  
Academic Writing ◽  
Case Law ◽  
Civil Code ◽  
Third Parties ◽  
Third Party ◽  
The Third ◽  
Contract Formation ◽  
The Law ◽  
The Right ◽  
Formal Requirements

This chapter gives an overview of the law on contract formation and third party beneficiaries in Cambodia. Much of the discussion is tentative since the new Cambodian Civil Code only entered into force from 21 December 2011 and there is little case law and academic writing fleshing out its provisions. The Code owes much to the Japanese Civil Code of 1898 and, like the latter, does not have a requirement of consideration and seldom imposes formal requirements but there are a few statutory exceptions from the principle of freedom from form. For a binding contract, the agreement of the parties is required and the offer must be made with the intention to create a legally binding obligation and becomes effective once it reaches the offeree. The new Code explicitly provides that the parties to the contract may agree to confer a right arising under the contract upon a third party. This right accrues directly from their agreement; it is not required that the third party declare its intention to accept the right.

scholarly journals German Transplants in Estonian Tort Law: General Duties to Maintain Safety

2021 ◽  
Vol 30 ◽  
pp. 132-139
Author(s):  
Janno Lahe
Keyword(s):  
Tort Law ◽  
Case Law ◽  
Tort Liability ◽  
Legal Practice ◽  
Remarkable Change ◽  
General Duty ◽  
Relevant Case ◽  
German School ◽  
Legal Thinking ◽  
The Individual

The jurisprudence and case-law approach of German tort law – and, more broadly, German-school legal thinking in general – has found its way into Estonian case law on torts and into Estonia’s scholarly texts on jurisprudence. From among the catalogue of transplants from German tort law that have reached Estonian law or legal practice, the paper focuses on one whose importance cannot be overestimated: the concept of tort liability based on breach of the general duty to maintain safety. This domain has witnessed remarkable change since the beginning of the 2000s, when an analogous concept of liability was still unfamiliar to many Estonian lawyers. The article examines whether and to what extent the concept of liability based on the general duty to maintain safety has become recognised in Estonian legal practice in the years since. Also assessed is the relevant case law to date, for ascertainment of whether any adoption of an equivalent concept of liability has been successful and, in either event, what problems remain to be resolved. The importance of this issue extends far beyond that of individual questions: the recognition of general duties to maintain safety affects our understanding of the very structure of tort law, of that of the general composition of tort, and of the connections that link the individual prerequisites for tort liability. Furthermore, this constellation influences our thought in the field of tort law more generally and our approach to the cases emerging in real-world legal practice.

Transaction Avoidance in Insolvencies

2018 ◽  
Author(s):  
Rebecca Parry ◽  
James Ayliffe ◽  
Sharif Shivji
Keyword(s):  
Case Law ◽  
Detailed Account ◽  
International Dimension ◽  
Eu Regulation ◽  
The Third ◽  
Legislative Amendments ◽  
Insolvency Proceedings ◽  
Comprehensive Coverage

The third edition of Transaction Avoidance in Insolvencies considers all the possible ways in which a vulnerable transaction might be attacked, as well as practical issues that can arise in a typical transaction avoidance case. This new edition has been fully updated to reflect recent legislative amendments arising from the revision of the Insolvency Rules 1986, which came into force in 2017. The text also now incorporates an international dimension, which includes an analysis of the revised EU Regulation on Insolvency Proceedings. There is also comprehensive coverage of important new case law. Written by a team of well-known specialists, Transaction Avoidance in Insolvencies provides a detailed account of this complex area from a practical perspective.

In Search of Byzantine Women

2013 ◽  
Author(s):  
Judith Herrin
Keyword(s):  
Case Law ◽  
Legal Rights ◽  
Female Subjectivity ◽  
Early Medieval ◽  
The Third ◽  
Practical Reality ◽  
Christian Beliefs

This chapter examines some of the roles of women in early medieval Byzantine society. It follows three particular avenues of approach, devised as a means of identifying the positions, activity, and authority of women in Byzantine society. The first is to pick up chance references to female activity in the sources written by men, especially those that occur spontaneously in narratives unconnected with women, incidental remarks, and stray observations. The second seeks to document the ingenuity with which women exercised their limited legal rights and is therefore dependent upon the case law that survives—the Peira (Teaching) of Eustathios Romaios is the outstanding example. The third approach attempts to outline the significance of ecclesiastical institutions and Christian beliefs for women, an area in which female subjectivity is perhaps most closely revealed. The overall aim of these avenues is to illuminate a practical reality rather than a legal ideal.

Law of Torts

Japanese Law ◽  
2021 ◽  
pp. 191-211
Author(s):  
Hiroshi Oda
Keyword(s):  
Burden Of Proof ◽  
Tort Law ◽  
Case Law ◽  
Civil Code ◽  
Tort Liability ◽  
The Law ◽  
General Provision

Tort is part of the Law of Obligations. Provisions on tort liability are found in Book Three, the Law of Obligations, of the Civil Code. There is only a single general provision on tort. The legislature expected rules to develop out of case law. A person who intentionally or negligently infringes upon others’ right or interests protected There is a body of case law which sets out details of tort law such as causation and fault. There have been cases where the shift of the burden of proof was at issue.　

12. Claims for international protection

2021 ◽  
pp. 435-495
Author(s):  
Gina Clayton ◽  
Georgina Firth ◽  
Caroline Sawyer ◽  
Rowena Moffatt
Keyword(s):  
Case Law ◽  
Causal Link ◽  
Parallel Process ◽  
Refugee Status ◽  
International Protection ◽  
Refugee Law ◽  
Legal Context ◽  
The Status ◽  
Gender Based ◽  
The Uk

This chapter examines the requirements for refugee status, according to Article 1A of the UN Convention Relating to the Status of Refugees 1951 and the Refugee Qualification Directive EC 2004/83, referred to as the Qualification Directive. This includes case law on the main concepts in refugee law: well-founded fear, persecution, Convention reason, causal link, and internal relocation. There is a focus on the particular problems in gender-based claims. The chapter considers protection for victims of trafficking, who may go through a parallel process to the asylum system. The chapter begins with the legal context of refugee claims in the UK, and then follows the structure of Article 1A of the Refugee Convention.

7. Privity of contract and third party rights

2021 ◽  
pp. 307-358
Author(s):  
Robert Merkin ◽  
Séverine Saintier
Keyword(s):  
Common Law ◽  
Case Law ◽  
Contract Law ◽  
Third Parties ◽  
Third Party ◽  
The Third ◽  
The Subject ◽  
The Common ◽  
Contractual Obligations ◽  
Privity Of Contract

Poole’s Casebook on Contract Law provides a comprehensive selection of case law that addresses all aspects of the subject encountered on undergraduate courses. This chapter examines privity of contract, its relationship with consideration, and the ability of third parties to enforce contractual provisions for their benefit. The doctrine of privity of contract provides that the benefits of a contract can be enjoyed only by the parties to that contract and only parties can suffer the burdens of the contract. At common law, third party beneficiaries could not enforce a contractual provision in their favour so various devices were employed seeking to avoid privity. Statute now allows for direct third party enforcement but in limited circumstances. This chapter examines the background to privity and the attempted statutory reform in the Contracts (Rights of Third Parties) Act 1999 as it has been interpreted in the case law. The chapter also discusses the common law means of avoiding privity as illustrated by the case law, e.g. agency, collateral contracts, and trusts of contractual obligations. Finally, it assesses the remedies available to the contracting party to recover on behalf of the third party beneficiary of the promise, including the narrow and broad grounds in Linden Gardens Trust. It concludes by briefly considering privity and burdens—and the exceptional situations where a burden can be imposed on a person who is not a party to the contract.

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