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European Tort Law$
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Cees van Dam

Print publication date: 2007

Print ISBN-13: 9780199227679

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199227679.001.0001

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Causation

Causation

Chapter:
(p.266) 11 Causation
Source:
European Tort Law
Author(s):

Cees van Dam

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199227679.003.0011

This chapter explores causation as it relates to tort law in Europe and the European Union, with emphasis on whether a causal connection can be established between the tortfeasor’s conduct or the cause for which he is strictly liable on the one hand and the damage on the other. Particular problems arise if it is hard to establish who caused the damage or if there is more than one possible legal cause for the damage. In matters of causation of harm to health, it is pivotal and often decisive who has the burden of proof. A general difference in causation matters is that England and France approach this requirement in a rather practical way, whereas Germany has developed detailed theories in order to get to grips with the concept of causation.

Keywords:   causation, tort law, Europe, Germany, England, France, European Union, burden of proof, damage

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