2018Oxford University Press eBooksRequires access

7. Causation and remoteness

Christian Witting

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Abstract

This chapter examines the issues of causation and remoteness in negligence. It considers causation in fact, causation in law, and remoteness of damage. We find that courts have developed several important exceptions to the ordinary but-for test of causation, including the Fairchild principle. Legal causation is tested by looking for unexpected events called novi actus intervenientes. Remoteness is an issue of foreseeability of damage.

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What this paper is about

This chapter examines the issues of causation and remoteness in negligence. It considers causation in fact, causation in law, and remoteness of damage. We find that courts have developed several important exceptions to the ordinary but-for test of causation, including the Fairchild principle. Legal causation is tested by looking for unexpected events called novi actus intervenientes. Remoteness is an issue of foreseeability of damage.

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Available abstract

This chapter examines the issues of causation and remoteness in negligence. It considers causation in fact, causation in law, and remoteness of damage. We find that courts have developed several important exceptions to the ordinary but-for test of causation, including the Fairchild principle. Legal causation is tested by looking for unexpected events called novi actus intervenientes. Remoteness is an issue of foreseeability of damage.

Key concepts: Causation, Epistemology, Philosophy

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