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European Tort Law$
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Cees van Dam

Print publication date: 2013

Print ISBN-13: 9780199672264

Published to Oxford Scholarship Online: May 2013

DOI: 10.1093/acprof:oso/9780199672264.001.0001

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Causation

Causation

Chapter:
(p.307) 11 Causation
Source:
European Tort Law
Author(s):

Cees Van Dam

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199672264.003.0011

This chapter examines the causal connection between the tortfeasor's conduct or the cause for which he is strictly liable, on the one hand, and the damage, on the other. Problems arise if there is difficulty establishing who caused the damage, or if there is more than one possible legal cause. In these matters of causation, it is pivotal and often decisive as to who has the burden of proof. A general difference in causation is that the English and French approaches are rather more practical, whereas the German approach has developed detailed theories to deal with this requirement for liability.

Keywords:   tort law, causal connection, tortfeasor, legal causation, factual causation, liability, damage

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