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.

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.

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.

scholarly journals CAUSAL UNCERTAINTY: ALTERNATIVE CAUSATION IN TORT LAW

TEME ◽  
2020 ◽  
pp. 033
Author(s):  
Mihajlo Cvetković
Keyword(s):  
Essential Element ◽  
Tort Law ◽  
Causal Link ◽  
Tort Liability ◽  
Causal Uncertainty ◽  
Fair Compensation

The causal link between the tortfeasor’s unlawful act and the resulting damage is an essential element of tort liability. There are situations in tort law practice where singular damage has more than one potential cause, so it is important to determine which one is legally relevant. In those situations, it is hard for the claimant to identify the tortfeasor. Moreover, proving the causal link is difficult or almost impossible. On the contrary, the tortfeasor can successfully object that the damage cannot be attributed to him/her. European courts and doctrine have developed theories about alternative causation firstly by addressing asbestos litigation. This paper presents solutions from English, Belgian, French, German and Dutch tort law. Although they all strive for the same goal - fair compensation, the diversity of methods and outcomes is surprising. The end of the paper is devoted to the Principles of European Tort Law (PETL), where optimal suggestions on how to overcome causal uncertainty are presented.

Human Rights, Animal Wrongs? Exploring Attitudes toward Animal Use and Possibilities for Change

2010 ◽  
Vol 18 (3) ◽  
pp. 251-272 ◽  
Author(s):  
Kim Bard ◽  
Sarah Knight ◽  
Aldert Vrij ◽  
Doug Brandon
Keyword(s):  
Human Rights ◽  
Animal Welfare ◽  
Causal Link ◽  
Psychological Characteristics ◽  
Value Systems ◽  
The Third ◽  
Nonhuman Animals ◽  
Science Community ◽  
Animal Use ◽  
Context Dependent

AbstractPresented here are three research studies examining psychological characteristics underlying attitudes toward the use of nonhuman animals: beliefs and value systems; their comparative impact on opinions; and empathetic responses to humans and to animals. The first study demonstrated that the attitudes of laypeople are context dependent: different sets of beliefs underlie attitudes toward various types of animal use. Belief in the existence of alternatives (“perceptions of choice”) was especially important, accounting alone for 40% of the variance in attitudes. The second study compared the opinions, beliefs, value systems, and empathetic responses of scientists, animal welfarists, and laypeople. Results demonstrated that laypersons are most similar to the science community, not the animal welfare community. Scientists and laypeople differed on very few measures, whereas animal welfarists differed on most measures. The third study demonstrated a causal link between belief and attitude: manipulating “perceptions of choice” led to a significant change in support for animal use. These studies explain how individuals and groups can have dramatically different attitudes toward animal use and demonstrate how opinions can be changed.

Review of Executive Action

2005 ◽  
Author(s):  
Peter Cane
Keyword(s):  
Decision Making ◽  
Administrative Law ◽  
Public Law ◽  
Tort Liability ◽  
Legal Scholarship ◽  
Administrative Process ◽  
The Third ◽  
Political Landscape ◽  
Executive Action ◽  
Public Decision

This article is about accountability for public decision-making. It has three main sections. The first develops two themes: that mainstream administrative law scholarship is mainly concerned with the legitimacy of the administrative process; and that the preoccupations of scholars are partly a function of the constitutional, legal, and political landscape in which administrative law operates. The second section explores the ways in which administrative law scholarship has been affected by trends in legal scholarship more generally. The third section discusses government tort liability in the wider context of the distinction between public law and private law.

What's the Point of a Business Ethics Course?

1991 ◽  
Vol 1 (4) ◽  
pp. 335-354 ◽  
Author(s):  
Ronald F. Duska
Keyword(s):  
Business Ethics ◽  
Teaching Business Ethics ◽  
Essential Ingredient ◽  
Ethical Knowledge ◽  
The Third ◽  
Teaching Business ◽  
Business Executives ◽  
Ethics Course ◽  
Business Behavior ◽  
Ethics Courses

The paper argues that the point of a business ethics course is to improve behavior in business, and that an essential ingredient in that improved behavior is knowing what's right or wrong. To make that claim, the paper attempts to dispose of three arguments which support the contrary claim, that business ethics courses are useless. First, it is argued that morals can't be taught, since they only result from training. Second, it is argued that such courses are unnecessary because business executives already know right from wrong. Third, it is argued that ethical knowledge is impossible, so there is nothing to teach. The first two arguments are dealt with briefly, and the third is addressed extensively. The paper argues that the scepticism about ethical knowledge is part of a pervasive “relativism” in our society, but shows that such a relativism/scepticism is untenable and indicates how ethical knowledge is possible. If, then, knowledge of right and wrong is an essential ingredient for improving business behavior, and such knowledge can be imparted in an ethics course, there is some point to teaching business ethics.

scholarly journals How to Judge Safety Crime: Lessons From the Eternit Asbestos Maxi-Trials

2019 ◽  
Vol 29 (2) ◽  
pp. 205-223
Author(s):  
Pascal Marichalar
Keyword(s):  
Social Movements ◽  
Occupational Injury ◽  
Causal Link ◽  
Individual Responsibility ◽  
Criminal Prosecution ◽  
The Third ◽  
Corporate Executives ◽  
Legal Strategy ◽  
Industrial Risk

When it comes to occupational injury, disease, and fatalities, criminal prosecution and punishment is the exception. This paper focuses on three loopholes in legal strategy that make it difficult for determined social movements and committed prosecutors to secure conviction against corporate executives: they are the notions (1) that “modern” industrial risk is by essence impersonal and diluted, making the assignment of individual responsibility difficult or impossible, (2) that industrial hazard is foreign to any notion of intention, fault or responsibility, (3) that the certainty of the causal link between exposure and damages must be established for each victim on a purely individual, rather than statistical, basis. I describe how Italian prosecutors sought to circumvent these loopholes in the Eternit asbestos maxi-trials. Although there appear to be solid legal workarounds for the first and second loophole, the third one remains problematic, calling for urgent political and legal imagination.

scholarly journals Omphalocele Secondary to Spontaneous Rupture of Allantoic Cyst in the Third Trimester of Pregnancy

2021 ◽  
Vol 2021 ◽  
pp. 1-4
Author(s):  
Giuliana Orlandi ◽  
Paolo Toscano ◽  
Lavinia Di Meglio ◽  
Letizia Di Meglio ◽  
Aniello Di Meglio
Keyword(s):  
Spontaneous Rupture ◽  
Pediatric Surgery ◽  
First Trimester ◽  
Causal Link ◽  
Third Trimester ◽  
Case Presentation ◽  
The Third ◽  
Urgent Surgery ◽  
First Case

Objective. We report the first case in which the onset of omphalocele was after the spontaneous rupture of an allantoic cyst. We hypothesize a causal link between the spontaneous rupture of the cyst and the herniation of the viscera. Case Presentation. A 36-year-old woman was diagnosed with an allantoic cyst during the first trimester. The allantoic cyst underwent spontaneous rupture during the 32nd week of gestation, and an omphalocele developed secondary to the cyst’s rupture. Two days after birth, the peritoneum covering intestinal loops broke spontaneously and the newborn underwent successful urgent surgery. Conclusions. This case may suggest that the relative benignity of the allantoid cysts may recommend a close ultrasound follow-up in order to identify the onset of any complications, as a late third trimester onset of omphalocele. Prenatal diagnosis of such complications may allow multidisciplinary management of the pregnancy with planned cesarean section, prenatal pediatric surgery consultation, and neonatal surgery.

Poverty reduction through liberalisation? Neoliberalism and the myth of global convergence

2007 ◽  
Vol 33 (3) ◽  
pp. 415-434 ◽  
Author(s):  
RAY KIELY
Keyword(s):  
Global Convergence ◽  
Capital Flows ◽  
Global Economy ◽  
Poverty Reduction ◽  
Final Section ◽  
Causal Link ◽  
The Third ◽  
The World

ABSTRACTThis article critically examines the question of whether poverty has been reduced in recent years, and if so, whether this is a result of neoliberal and/or globalisation friendly policies. The first section problematises at least some claims made for poverty reduction and the second section questions any causal link between ‘pro-globalisation’ policies and poverty reduction. The third and final section considers in detail the nature of the contemporary global economy, and in examining the evidence concerning capital flows shows how, contrary to the claims made by neoliberals and some globalisation theorists, capital is not dispersing throughout the world. Moreover, even when the ‘correct policies’ are adopted, this is unlikely to happen. I then conclude by suggesting why ‘actually existing globalidation’ does not alleviate, and may indeed intensify, global inequalities.

scholarly journals Concept, types and signs of responsibility in the field of medical activities

2021 ◽  
pp. 37-42
Author(s):  
S.B. Buletsa
Keyword(s):  
Medical Science ◽  
Causal Link ◽  
Support Staff ◽  
Living Standards ◽  
Tort Liability ◽  
Active Behavior ◽  
Passive Behavior ◽  
Medical Institutions ◽  
Contractual Relationships ◽  
Special Rules

The development of medical science, the improvement of the living standards of the population and the establishment of democratic institutions contribute to the increase of the requirements for the activity of medical workers and to the increase of cases of bringing them to justice for improper performance of professional duties. Civil law distinguishes between types of liability according to different criteria. Thus, on the basis of the rights and obligations, for the violation of which liability is established, it is divided into contractual and non-contractual. Contractual and non-contractual civil liability have some common generic features. Liability in medical activities arises in case of violation of rights and responsibilities. The activities of health professionals (doctors, nurses, support staff) in any case, aimed at the patient, he receives medical care, taking into account his health, physical condition, and aim at positive changes in the patient's health. In the case of contractual liability, the terms of the contract are violated, in the case of non-contractual (tort) liability between the violator and the victim before the violation there were absolute legal relations. The behavior of the offender must be active, ie passive behavior is not the basis for tortious liability, but only if there are special rules of law that provide only for active behavior (doctors). Tort liability damages the general prohibition, where potentially harmful conduct is not clearly defined by law, as any active conduct is illegal and associated with the occurrence of the damage. Contractual liability will arise in compliance with the terms of liability, especially the causal link, ie the objectively existing link between the wrongful conduct of the debtor and the adverse consequences that have occurred. The classic features of the contract, of course, are more clearly manifested in private medical services (eg, dentists, private medical institutions), there are contractual relationships. Liability in the field of medical activity is a type of legal liability, ie the implementation of a sanction of a legal norm, which by its nature is a means of coercion, is accompanied by condemnation by the state and is expressed in imposing on the perpetrator of violation of intangible consequences of a material nature.

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