Developing causal doctrine

Martin Hogg

Research output: Chapter in Book/Report/Conference proceedingChapter (peer-reviewed)peer-review

Abstract

This chapter considers the current approach of the courts to the determination of the causal element in delict/tort claims, and makes some suggestions as to why the courts have been reluctant to adopt the NESS test of causation popularised in recent academic analysis. Cases of causal indeterminacy are also examined, a case study being made of cases of misrepresentation.
Original languageEnglish
Title of host publicationPerspectives on Causation
EditorsRichard Goldberg
Place of PublicationOxford
PublisherHart Publishing
Pages41-56
Number of pages16
ISBN (Print)9781849460866
Publication statusPublished - 2011

Keywords

  • delict
  • causation
  • Tort

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