Category Archives: Causation

‘Rethinking Actual Causation in Tort Law’

“The concept of causation is central to myriad areas of tort law: a defendant commits simple battery only if she ‘intentionally causes bodily contact’ with another; she trespasses only if she ‘intentionally enters or causes tangible entry upon the land in possession of another’; she is liable for negligence only if she ‘causes personal injury […]

Shahar Dillbary, ‘Sharing Externalities: The Surprising Value of Agreements to Commit Torts’

Abstract: This article focuses on agreements to commit or induce the commission of a tort. Examples include an agreement between factories to use a production process that would pollute a lake, or an agreement where one entices another to publish a false statement by promising to share the cost of the injury. Such agreements are […]

Lachlan Caunt, ‘Hows, Whys, and But-Fors: Theorizing, Comparing, and Solution Finding within the Principle of Material Contribution to Risk in the Law of Negligence’

Abstract: Material contribution to risk is a principle of tort causation; yet has never been applied. It may potentially violate all of the principles that underpin tort causation, whatever those principles may be. Alternately, it may simply be another conventional adaptation of tort causation to avoid manifest injustice. The supposition is that it will fall […]

Lachlan Caunt, ‘Say What You Mean, and Mean What You Say: Rebuilding the Building Blocks of But-For Causation’

Abstract: What does ‘causation’ actually mean? Is saying that an act ‘caused’ an outcome linked to an observable notion of cause and effect; or is such a statement based upon supposition and guesswork? This early draft article begins to break down and rebuild the term ‘causation’, and what is required to ‘prove’ a causal link […]

Anthony Sebok, ‘Actual Causation in the Second and Third Restatements: Or, the Expulsion of the Substantial Factor Test’

Abstract: This chapter contrasts the Restatement (Third) of Torts: Liability for Physical Harm’s Chapter Five (on Factual Cause) and Chapter Six (on Scope of Liability) with the treatment of causation in the Restatement (Second) of Torts’ Chapter 16 (‘Legal Cause’). It was written for a book on causation in both common law and civilian jurisdictions. […]

‘Crossing Boundaries? Public Duties and Private Law’: Workshop, Leicester Law School, 21 October 2016

The aim of the workshop is to bring together private lawyers and human/constitutional rights lawyers from the UK and South Africa to reflect on the different ways in which these two jurisdictions have dealt with the relationship between tort law and human/constitutional rights law. The morning session will be focused on duties, reflecting especially on […]

Karriann Laubach, ‘Epigenetics and Toxic Torts: How Epidemiological Evidence Informs Causation’

Introduction: “… Part II of this Note provides a scientific background and summarizes the current state of epigenetics research. Part III summarizes the primary challenges of proving causation in toxic tort cases and how courts address these challenges by modifying the existing causation framework. Part IV discusses how epigenetics can inform the causation inquiry in […]

Alberta Law Review – special Tort number

Alberta Law Review  Vol 53, No 4: Special Issue: Tort Law “This special torts issue of the Alberta Law Review is in honour of Professor Lewis Klar. It is a recognition and a celebration of the far-reaching and lasting contribution which he has made to tort law scholarship over the last 40 years …” (more) […]

Harper and Strumpf, ‘Do Seat Belt Laws Still Work? Replication and Re-Evaluation of Recent Evidence’

Abstract: Recent work suggests that mandatory seatbelt laws are associated with lower motor vehicle accident mortality, but it is unclear whether this is due to increased enforcement. We study this association using 2001-2010 US data on traffic fatalities among individuals ages 10 and over and we test the robustness of unstated assumptions by replicating and […]

Xiaowei Yu, ‘Causal Uncertainty in Chinese Medical Malpractice Law – When Theories Meet Facts’

Abstract: Causal uncertainty is frequently encountered in medical malpractice cases, both in China and in other legal systems. Under the traditional ‘all-or-nothing’ approach of proof rules, the prevalence of causal uncertainty makes proof of causation highly problematic in medical malpractice lawsuits. The cutting-edge development at the national level is to apply proportional liability in response […]