Continental European approaches to causation and intervening causation issues in civil proceedingsTort Law Review (2011)
Both Anglo-American-Australasian and continental European legal systems
recognise and apply the concepts of factual causation and legal causation.
While the resolution of causation issues in the former legal systems is
primarily judicially-based, the latter legal systems draw more heavily upon the
doctrinal writings of jurists and legal philosophers. This comparative law
piece analyses the similarities and differences between the systems,
including the continental European reliance upon individualising and
generalising theories. The article concludes by identifying the central role
which judicial policy plays in resolving both legal causation and intervening
causation issues and the increasing convergence of approach across these
legal systems concerning the application of the scope of the normative rule
approach in the causal context.
Citation InformationHodgson, D. (2011). Continental European approaches to causation and intervening causation issues in civil proceedings. Tort Law Review, 2011(19), 94-108.