The Law of Intervening Causation
, by Hodgson,DouglasNote: Supplemental materials are not guaranteed with Rental or Used book purchases.
- ISBN: 9780754673668 | 0754673669
- Cover: Hardcover
- Copyright: 7/28/2008
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 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. 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. About the Author: Douglas Hodgson is Associate Professor, Faculty of Law, The University of Western Australia. He has published widely on Human Rights law.