Causation in European Tort Law

This book takes an original and comparative approach to issues of causation in tort law across many European legal systems.

Marta Infantino (Edited by), Eleni Zervogianni (Edited by)

9781108418362, Cambridge University Press

Hardback, published 28 December 2017

780 pages, 2 tables
23.5 x 15.7 x 4 cm, 1.19 kg

'The disarming yet deceptively complex topic of causation in tort law has long fascinated scholars in North America. It also provides a formidable challenge that the 'Common Core of European Private Law' publishing project has now confronted as part of its ambitious endeavour to identify and analyze the commonalities and divergences that characterize European private law. With a pair of promising young scholars (Marta Infantino and Eleni Zervogianni) at the helm, Causation in European Tort Law applies a unique analytical approach to comparative law that has become the trademark of the Common Core enterprise, and that seeks to provide what it claims are indispensable 'roadmaps' for ongoing efforts by academics to harmonize European law.' Joseph A. Page, The American Journal of Comparative Law

Through a comprehensive analysis of sixteen European legal systems, based on an assessment of national answers to a factual questionnaire, Causation in European Tort Law sheds light on the operative rules applied in each jurisdiction to factual and legal causation problems. It highlights how legal systems' features impact on the practical role that causation is called upon to play, as well as the arguments of professional lawyers. Issues covered include the conditions under which a causal link can be established, rules on contribution and apportionment, the treatment of supervening, alternative and uncertain causes, the understanding of loss-of-a-chance cases, and the standard and the burden of proving causation. This is a book for scholars, students and legal professionals alike.

Part I. Causation in Context: 1. The place and space of causation Marta Infantino and Eleni Zervogianni
2. Causation in the law: philosophy, doctrine and practice Ingeborg Puppe and Richard W. Wright
3. Actual causation in the Second and Third Restatements: or, the expulsion of the substantial factor test Anthony J. Sebok
4. The European ways to causation Marta Infantino and Eleni Zervogianni
Part II. The Comparative Evidence. Case Responses and Editors' Comparative Comments: 5. Preliminary remarks on methodology Marta Infantino and Eleni Zervogianni
6. The case studies
Part III. The Comparative Assessment: 7. Summary and survey of the results Marta Infantino and Eleni Zervogianni.

Subject Areas: Torts / Delicts [LNV], Comparative law [LAM], Jurisprudence & philosophy of law [LAB]