The Law of Intervening Causation - Market Research Reports

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The Law of Intervening Causation

Description:

Utilizing a comparative examination of case-law from England, Canada, the USA, Australia, New Zealand and Ireland, this volume provides a comprehensive and systematic study of the law of intervening causation (novus actus interveniens) to present an analysis of this particular judicial limitation of liability device. The work provides a structure from which to formulate core general legal principles and identify the various legal tests utilized by the courts.

About the Author:

Douglas Hodgson is Associate Professor, Faculty of Law, The University of Western Australia. He has published widely on Human Rights law.

Contents:

List of Cases vii
Acknowledgements xvii

PART I Introduction
1 Introduction 3
2 Early Judicial Development of Intervening Causation Law 13

PART II The Legal Tests
3 Reasonable Foreseeability 31
4 Unreasonableness/Abnormality 51
5 Voluntary and Deliberate Human Action 69
6 Probability 91
7 Scope of Risk 101

PART III Operative Contexts
8 Intervening Negligent Acts and Omissions 121
9 Extraordinary Natural Phenomena, Coincidences and Animals 133
10 Maritime Incidents 147
11 The Suicide Cases 155
12 Professional Malpractice 169
13 Rescue of Persons and Property 189
14 Children 199
15 Escaping from Danger and Inconvenience 209
16 Negligence Causing Susceptibility to Later Harm 219
17 Miscellaneous Operative Contexts 227

PART IV Conclusion
18 The Influence of Contributory Negligence and Apportionment Legislation on Intervening Causation Issues 245
19 The Inter-relationship Between Remoteness of Damage and Novus Actus Interveniens 253

20 Conclusion 259

Index 267

Reviews

'An excellent analysis, which tackles an important issue: thorough, interesting and with some penetrating insights. The comparative information from other jurisdictions is handled carefully, and is very illuminating.' Julian Fulbrook, London School of Economics and Political Science, UK

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