Cause-in-Fact: Two Steps Out of the Mire

University of Toronto Law Journal (2001)

Posted: 2 Jul 2013

See all articles by Allan Beever

Allan Beever

School of Law - Auckland University of Technology

Date Written: July 1, 2001

Abstract

Perhaps the most problematic area of tort law concerns the cause-in-fact enquiry. In a way, this is not surprising. Demonstrating that one event caused another can be extremely difficult. Hence, it is not remarkable that the courts struggle with this issue. What is surprising is the track taken by academic debate. The controversy in the law journals centres on the correct understanding of the concept of causation. Some argue that they have the right theory, some that there is no theory. Whomever one reads, the conclusion seems inescapable: cause-in-fact is terribly complex. I aim to buck this trend. My view is that, though cause-in-fact is not uncomplicated, it is far less convoluted than one would imagine from reading much of the literature.

Suggested Citation

Beever, Allan, Cause-in-Fact: Two Steps Out of the Mire (July 1, 2001). University of Toronto Law Journal (2001), Available at SSRN: https://ssrn.com/abstract=2288227

Allan Beever (Contact Author)

School of Law - Auckland University of Technology ( email )

Private Bag 92006
Auckland, 1142
New Zealand

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