Category Archives: Causation

‘“Negligent” London firm defeats £12m claim for lack of causation’

“Leading London law firm Withers has fought off a £12m claim on the basis of causation after the High Court ruled that it gave negligent advice to a property developer. However, His Honour Judge Pelling QC, sitting as a High Court judge, found that the firm gave negligent advice on a settlement agreement, leading to […]

Edijs Brants, ‘Role of Foreseeability in Imposition of Civil Liability’

ABSTRACT The purpose of this article is to offer an insight into the role of foreseeability in imposition of civil liability. The article contains analysis of the principle of foresee­ability from various points of view, for example, by analysing it from the perspective of the general (fault-based) model of liability as well of the strict […]

Henry Cooney, ‘Factual Causation in Cases of Market-Based Causation’

ABSTRACT Causation serves as a requirement for the imposition of liability in a multitude of private law contexts. Recently, when dealing with requirements of causation imposed by statutory schemes proscribing misleading or deceptive conduct, Australian courts have considered the possibility of a plaintiff arguing a ‘market-based’ theory of causation. This article aims to explore and […]

Richard Wright, ‘Identifying and Assigning Liability Among Multiple Legally Responsible Causes’

ABSTRACT This paper, forthcoming in the Rechtstheorie journal, discusses the development of the NESS analysis of natural causation in philosophy and law and (relatedly) the failure of the but-for/sine-qua-non test as an exclusive test, responds to criticisms of the NESS analysis, notes general acceptance of the NESS analysis by academics and increasingly by courts made […]

Wojtczak and Ksiezak, ‘Causation in Civil Law and the Problems of Transparency in AI’

ABSTRACT Although a number of European Union legal documents require AI to be transparent, this is frequently not the case. Such opacity can be attributed to a diverse range of causes, ranging from so called ‘black box’ algorithms, trade secrets and patents, to the cognitive barriers of non-professionals. Transparency, in contrast, is, in many cases, […]

D’Andra Millsap Shu, ‘The Coming Causation Revolution in Employment Discrimination Litigation’

ABSTRACT For more than a decade, employment discrimination causation law has been a confusing, often overly restrictive quagmire that has contributed substantially to the paltry success rate of plaintiffs in employment discrimination cases. Most of these cases are dismissed pre-trial, all too often based on a failure of causation. A key reason traces back to […]

Michael Duff, ‘What COVID-19 Laid Bare: Adventures in Workers’ Compensation Causation’

ABSTRACT This essay performs a close analysis of workers’ compensation coverage of COVID-19 and arrives at the conclusion that it should not be ‘impossible’ to prove in a legal sense that an employee’s COVID-19 was caused by work. Scientific proof is not the same as legal proof: workers’ compensation law has never required that claims […]

Mark Geistfeld, ‘Proximate Cause Untangled’

ABSTRACT The many facets of tort liability are filtered through the requirement of proximate cause, which has made the element confusing and the source of considerable controversy. Is proximate cause properly determined by the directness test or the foreseeability test, each of which has been both widely adopted and roundly criticized? Is there any defensible […]

‘Cruise Ship Covid Suits Show High Bar for Pinpointing Exposure’

“The limited success of cruise line Covid-19 lawsuits showcases the high bar consumers must meet to hold businesses liable for alleged virus exposure, suggesting they can overcome legal hurdles – but only in the right circumstances. Cruise ship passengers filed at least 42 lawsuits in federal court alleging injuries – ranging from emotional distress to […]

Alex Chan, ‘In Defence of AIB v Mark Redler

ABSTRACT Following Target Holdings v Redferns and AIB v Mark Redler, it is now common theme that equitable compensation is underpinned by a compensatory mindset requiring but-for causation. This article argues that, despite criticisms that the compensatory reasoning does not sit well with the orthodoxy, the law has moved on. The traditional accounting mechanism should […]