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Vol 21 No 11 Nov/Dec 2016

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Criminal Injuries Compensation Claims

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The Law of Intervening Causation

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ISBN13: 9780754673668
Published: July 2008
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: £95.00



Low stock.

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.

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Subjects:
Tort Law
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.