Jump to ContentJump to Main Navigation
State Liability in TortA Comparative Law Study$
Users without a subscription are not able to see the full content.

Duncan Fairgrieve

Print publication date: 2003

Print ISBN-13: 9780199258055

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199258055.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 08 April 2020

Assessing the Causal Link

Assessing the Causal Link

Chapter:
(p.165) 6 Assessing the Causal Link
Source:
State Liability in Tort
Author(s):

Duncan Fairgrieve

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199258055.003.0006

This chapter aims to clarify the attitude of the French and English courts toward state liability in tort with a comparative survey of prevailing tests of causation in each jurisdiction. The English courts adopted an approach of causal inquiry into the tort of negligence divided into a two-stage analysis — preliminary filter of factual causation using the causa sine qua non theory (but-for test) and the question of legal cause based on reasonable forseeability. On the other hand, the French courts asserted a unitary conception of causation — a nuanced approach which relies on various causal theories to address the problems of assessing liability. However, with both approaches, there is a concern for multiple causes such as third parties, contributory fault of the injured party, and independent natural events, as well as the matter of unlawful administrative acts.

Keywords:   state liability, English courts, factual causation, legal cause, French courts, tort, third parties, contributory fault, natural events, administrative acts

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .