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.
|Title of host publication||Perspectives on Causation|
|Place of Publication||Oxford|
|Number of pages||16|
|Publication status||Published - 2011|