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.

Autorentext

Sarah Green is the Law Commissioner for Commercial and Common Law at the Law Commission of England and Wales. Prior to that, she was Professor of Private Law at the University of Bristol, UK, Professor of the Law of Obligations at the University of Oxford, UK, and a lecturer at the University of Birmingham, UK.

Inhalt

1 Introduction
Structure of the Book
2 The Necessary Breach Analysis and But For Causation
Why But For Causation?
The Balance of Probabilities
Aggregation
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
Pre-emption
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