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Proximate Cause Decoded

Mark F. Grady

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Abstract

Some have seen the doctrine of proximate cause as an especially incoherent feature of negligence law. This Article demonstrates that the doctrine is far more regular than many have supposed. Proximate cause is really two doctrines at the same time, one directed toward cases with multiple causes and another directed toward cases with multiple risks. Each doctrine includes distinct paradigms leading to either liability or nonliability. When we sort problem cases between these paradigms, we can reliably predict how the courts will decide them.

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What this paper is about

Some have seen the doctrine of proximate cause as an especially incoherent feature of negligence law. This Article demonstrates that the doctrine is far more regular than many have supposed. Proximate cause is really two doctrines at the same time, one directed toward cases with multiple causes and another directed toward cases with multiple risks. Each doctrine includes distinct paradigms leading to either liability or nonliability. When we sort problem cases between these paradigms, we can reliably predict how the courts will decide them.

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Available abstract

Some have seen the doctrine of proximate cause as an especially incoherent feature of negligence law. This Article demonstrates that the doctrine is far more regular than many have supposed. Proximate cause is really two doctrines at the same time, one directed toward cases with multiple causes and another directed toward cases with multiple risks. Each doctrine includes distinct paradigms leading to either liability or nonliability. When we sort problem cases between these paradigms, we can reliably predict how the courts will decide them.

Key concepts: Doctrine, Proximate and ultimate causation, Law and economics, Feature (linguistics), sort, Law, Liability, Political science

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