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Causation in Negligence

By: Sarah Green
Media of Causation in Negligence
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Published: 29-01-2015
Format: Hardback
Edition: 1st
Extent: 202
ISBN: 9781849463317
Imprint: Hart Publishing
Series: Hart Studies in Private Law
Dimensions: 234 x 156 mm
RRP: £75.00
Online price : £67.50
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Loren Epson

About Causation in Negligence

The principal objective of this book is simple: to provide a timely and effective means of navigating the current maze of case law on causation, in order that the solutions to causal problems might more easily be reached and the law relating to them more easily understood. The need for this has been increasingly evident in recent judgments dealing with causal issues: in particular, it seems to be ever harder to distinguish between the different 'categories' of causation and, consequently, to identify the legal test to be applied on any given set of facts. Causation in Negligence will make such identification easier, both by clarifying the parameters of each category and mapping the current key cases accordingly, and by providing one basic means of analysis which will make the resolution of even the thorniest of causal issues a straightforward process. The causal inquiry in negligence seems to have become a highly complicated and confused area of the law. As this book demonstrates, this is unnecessary and easily remedied.

Table Of Contents

1 Introduction
Structure of the Book
2 The Necessary Breach Analysis and But For Causation
Why But For Causation?
The Balance of Probabilities
Specific Concept of Cause
Counterfactual to Factual
Current Perspectives on But For Causation
3 Basic Principles
Basic Causal Principles
'Operative': the Second Stage of the NBA
The Significance of a Risk Which Has Actually Eventuated
4 Duplicative Causation (Real and Potential): Overdetermination and Pre-emption
Factual Basis
Overdetermination (Real Duplicative Causation)
What Constitutes an Overdetermined Event?
Double Omissions
Combination of Tortious and Non-Tortious Factors
Moral Luck
5 Material Contribution to Injury
Factual Basis
Medical Negligence
The 'Doubling of the Risk' Test
6 Material Increase in Risk
Factual Basis
The Necessary Breach Analysis and Evidentiary Gaps
Single Agent
7 Lost Chances
Factual Basis
Type 1 Cases Explained
Type 2 Cases Explained
How Far Does Hypothetical Third Party Action Take Us?
8 Concluding


Causation in Negligence is a commendable effort to synthesise the "infamously baffling case law" and to construct "a simple analytical formulation which is capable of dealing with all aspects of the causal inquiry in negligence".” –  Samuel Chan, Singapore Journal of Legal Studies

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