The Role of Causation in Delict

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Abstract

This article reviews the role of causation in delict, principally from a Scots Law viewpoint, but also through consideration of Common Law authorities. The appropriate test for determining causation-in-fact is examined, as well as matters affecting the attribution of responsibility for harm (what has traditionally been known as 'legal causation'). Specific consideration is given to cases involving causal indeterminacy.
Original languageEnglish
Pages (from-to)89-151
JournalJuridical Review
Volume2005
Issue number2
Publication statusPublished - 2005

Keywords

  • causation delict

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