Cause-in-Fact: Two Steps Out of the Mire
University of Toronto Law Journal (2001)
Posted: 2 Jul 2013
Date Written: July 1, 2001
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.
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