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The Law of Intervening Causation





ISBN 9781138246720
Published September 9, 2016 by Routledge
292 Pages

 
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Book 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.

Table of Contents

Contents: Part I Introduction: Introduction; Early judicial development of intervening causation law. Part II The Legal Tests: Reasonable foreseeability; Unreasonableness/abnormality; Voluntary and deliberate human action; Probability; Scope of risk. Part III Operative Contexts: Intervening negligent acts and omissions; Extraordinary natural phenomena, coincidences and animals; Maritime incidents; The suicide cases; Professional malpractice; Rescue of persons and property; Children; Escaping from danger and inconvenience; Negligence causing susceptibility to later harm; Miscellaneous operative contexts. Part IV Conclusion: The influence of contributory negligence and apportionment legislation on intervening causation issues; The inter-relationship between remoteness of damage and novus actus interveniens; Conclusion; Index.

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Author(s)

Biography

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

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 'This is a very handy reference book in an awkward area of the law which I believe fills a gap in legal literature in this important area of the law of negligence. I look forward to seeking solace in its pages when working out the solution to negligence appeals involving third party activity.' Australian Law Journal