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For example, in the law of product liability, the courts have come to apply to principle of strict liability: the fact that the defendant's product caused the plaintiff harm is the only thing that matters. The defendant need not also have been negligent. On still other occasions, causation is irrelevant to legal liability altogether.
In law and insurance, a proximate cause is an event sufficiently related to an injury that the courts deem the event to be the cause of that injury. There are two types of causation in the law: cause-in-fact, and proximate (or legal) cause.
Legal causation or remoteness – The idea that liability may be so remote from the defendant that the negligence was not foreseeable or preventable by that party. Negligent Infliction of Emotional Distress - The idea that one has a legal duty to use reasonable care to avoid causing emotional distress to another individual.
Causation (law), a key component to establish liability in both criminal and civil law Proximate cause , the basis of liability in negligence in the United States Causation , in English law, defines the requirement for liability in negligence
Causation in English law concerns the legal tests of remoteness, causation and foreseeability in the tort of negligence. It is also relevant for English criminal law and English contract law . In the English law of negligence , causation proves a direct link between the defendant ’s negligence and the claimant ’s loss and damage.
In S v Tembani, an important case in South African criminal law, especially in respect of the issue of legal causation, it seemed to the Witwatersrand Local Division, following the approach of English law, to be "of overriding importance that the original wound inflicted by the accused was an operating and substantial cause of the death of the deceased."
With Tony Honoré, Hart wrote and published Causation in the Law (1959, second edition 1985), which is regarded as one of the important academic discussions of causation in the legal context. The early chapters deal philosophically with the concept of cause and are clearly the work of Hart, while later chapters deal with individual cases in ...
causation: the injury to the plaintiff is a reasonably foreseeable consequence of the defendant's act or omission. Some jurisdictions narrow the definition down to three elements: duty, breach and proximately caused harm. [6] Some jurisdictions recognize five elements, duty, breach, actual cause, proximate cause, and damages. [6]