‘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 or property damage’ to another. The list goes on. It is perhaps unsurprising then that causation in tort law has been subject to rigorous analysis over the years by legal commentators and the courts …” (more)

130 Harvard Law Review 2163 (Jun 10, 2017).

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