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def leppard bringin' on the heartbreak

def leppard bringin' on the heartbreak

See Wright, The NESS Account, supra note 51, at 297–303. The act must be unforeseeable: Home Office v Dorset Yacht. These two scenarios are intrinsically identical — because the first pilot shoots down the second pilot before the second pilot would or would not have received the instructions — and yet their causal structures differ. determined . . In the above cases, for example, Myrtle’s injury would be redefined in terms of the particular way in which her leg broke; so defined, it might no longer be true that Myrtle’s injury would still have occurred but for Jay’s negligent driving (because the injury would not have occurred in exactly the same way if Myrtle had been hit only by Daisy), and Jay could rightly be called an actual cause. See id. to avoid problems like those created by cases of causation between unrelated events.47×47. It doesn’t take long, however, for the conventional account to run into problems it seems unable to solve. THE INTERSECTION OF FACTUAL CAUSATION AND DAMAGES. . But it would surely be a mistake to claim that the shadow causes the flagpole to be ten feet tall.”59×59. In light of the previous section, the reader might be wondering: can counterfactual theories invoke the intrinsicness thesis as well? See Restatement (Third) of Torts: Liability for Physical and Emotional Harm § 26 reporters’ note cmt. University of Wales. See, e.g., Arno C. Becht & Frank W. Miller, The Test of Factual Causation in Negligence and Strict Liability Cases 16–18 (1961). This caused the fire to spread to a second boat. The problem with this solution is that it appears to violate the laws of nature.44×44. which direction the causal arrows point . A factor without which the result in question could not happen. One notable candidate from the contemporary philosophical literature is Hall’s thesis of intrinsicness.61×61. 579 (1987); Jane Stapleton, Choosing What We Mean by “Causation” in the Law, 73 Mo. The but-for test is a test commonly used in both tort law and criminal law to determine actual causation. To illustrate one such case, we may construct a sort of hybrid of the overdetermination and preemption scenarios discussed above.83×83. Richard W. Wright, Causation in Tort Law, 73 Calif. L. Rev. 2174–75. 2007) (en banc) (discussing whether a plaintiff can prove causation based solely on the defendant’s market share in manufacturing and distributing a product that caused harm, without being able to match a particular harm to a particular defendant); Stubbs v. City of Rochester, 124 N.E. Beginning with the criticism that counterfactual analyses accord causal status to noncausal relationships,87×87. at 255. I first became interested in the subject of this paper while working As Wright notes, the NESS test has gained significant traction in the legal literature. If no one alone would have exerted enough force to push the car over the edge, but any two people would have, then none of the individuals is necessary or sufficient for the car’s destruction. 198, 198 (2000) (“That causation is, necessarily, a transitive relation on events seems to many a bedrock datum, one of the few indisputable a priori insights we have into the workings of the concept.”), it is not self-evident. Both fail to see Myrtle, however, and they simultaneously hit her, breaking her leg. In other cases, especially those in which the tortious conduct consisted of marginally more risky conduct than is acceptable or in which the actor failed to take a precaution that would have reduced the risk to another, such as by warning of a danger, the counterfactual inquiry may pose difficult problems of proof.”). Paul & Hall, supra note 43, at 129–30. . 3. The first, which is sometimes referred to as “factual causation”, “cause in fact”, or “but for cause”, is essentially concerned with whether the defendant’s fault was a necessary condition for he loss occurring. . Id. ) One possible solution may be to assume as a foundational matter that causation is transitive, in which case Jay’s driving at t1 will be a cause of Myrtle’s injury, because Jay’s driving at t2 is a cause of Myrtle’s injury (as discussed above), and Jay’s driving at t1 is a cause of Jay’s driving at t2. they tend to embrace it as a generally accurate account.97×97. If the claimants chances of avoiding an injury have been reduced from 48% to 21% by the defendant's negligence, will they be able to establish factual causation? Actual causation is fairly intuitive, but it is not always as straightforward as you might think, especially in situations where multiple forces combine to … enters land in the possession of the other, or causes a thing or a third person to do so . See, e.g., Charles E. Carpenter, Concurrent Causation, 83 U. Pa. L. Rev. David Lewis, Causation, 70 J. Phil. at 1–2 — as if it were an overdetermination case. In normal contexts both of these are true. It is irrelevant that Jay’s negligent driving is necessary for his earlier failure to make coffee, which is in turn necessary for Nick’s making coffee later in the day, because S is a contained causal structure spanning from C to E, and the relationships involving Jay’s failure to make coffee occur prior to C.90×90. In this scenario, it seems that Hall’s strategy will mistakenly exclude Jay’s driving at t1 as a cause of Myrtle’s injury because Jay’s driving will not be necessary to any set of sufficient conditions, let alone a unique set of sufficient conditions, for Myrtle’s injury. It follows that Nick would not have made coffee later in the day if Jay had not driven negligently into Myrtle (because if Jay had not driven negligently into Myrtle, then Jay would have remembered to make coffee in the morning); Jay’s negligent driving is thus a but-for cause of Nick’s making coffee later in the day. The members of this class, in turn, will all share those intrinsic characteristics that are required in order to establish a match with S, but may differ with respect to those intrinsic characteristics that are not. The act of a third-party will break the chain of causation if it is unforeseeable: Home Office v Dorset Yacht [1970] AC 1004. Applying Hall’s strategy to the preemption case above, we can see that the revised definition falls silent about whether we should add Jay’s driving or Daisy’s driving to S (since, at t, there is no uniquely sufficient set of conditions for Myrtle’s injury).73×73. We may assume further that if Jay or Daisy alone had hit Myrtle at a speed of five miles per hour, the impact would have been insufficient to break Myrtle’s leg, whereas if Daisy alone had hit Myrtle at a speed of twenty miles per hour, the impact would have been sufficient.84×84. The event must be unforeseeable: Nichols v Marsland. Proximate causation is legal causation. Given the defects inherent in the counterfactual conception of causation, it is unsurprising that philosophers and legal scholars have proposed a number of alternative theories. Wright rejects the argument that sufficiency theories (or at least the NESS test) improperly accord causal status to preempted events. Michael D. Green* Some of the most intriguing brain teasers in tort law involve the valuation of damages for harm arising from wrongfully inflicted injury to person or property.' Wright, supra note 13, at 1774; see also Richard W. Wright, Causation, Responsibility, Risk, Probability, Naked Statistics, and Proof: Pruning the Bramble Bush by Clarifying the Concepts, 73 Iowa L. Rev. Here Hall proposes a novel strategy: Instead of defining causes as necessary members of any sufficient set, the sufficiency theorist can define causes as necessary members of a uniquely sufficient set.69×69. In response to Moore, supra note 4, and Fumerton & Kress, supra note 15, Wright draws a distinction between “lawful sufficiency” and “causal sufficiency,” Wright, The NESS Account, supra note 51, at 297, and argues that the latter concept requires certain conditions to be “fully instantiated” in order for an event to count as a cause, id. 137, 140 (N.Y. 1919) (discussing whether a plaintiff must rule out all other possible causes of an injury in order to prove that a defendant caused the injury). Cf. Here the counterfactual theorist may respond that the two scenarios are not in fact intrinsically identical, because there must be some relevant difference (in Jay’s level of attention, for example) between the case in which Jay would have noticed Daisy and the case in which he would not have noticed her. L.A. Paul & Ned Hall, Causation: A User’s Guide 17 (2013). 2018/2019 . See Hall, supra note 50, at 262–63. Such a strategy, however, will have to address several lingering questions, such as the exact nature of an intrinsic match and the proper resolution of the obscure counterexamples discussed above. In most cases a simple application of the 'but for' test will resolve the question of causation in tort law. And the intrinsicness thesis allows us to ignore Jay’s prior failure to make coffee, not because we have imposed a non-backtracking condition,66×66. As this section will illustrate, however, while intrinsicness does appear at first to yield benefits for counterfactual analyses, it turns out, upon further examination, that intrinsicness and counterfactual accounts are fundamentally inconsistent. As its name suggests, the intrinsicness thesis appeals to the notion that “the causal structure of a process is . See, e.g., Moore, supra note 4, at 410–25; Richard Fumerton & Ken Kress, Causation and the Law: Preemption, Lawful Sufficiency, and Causal Sufficiency, Law & Contemp. Where the claimant has been negligently exposed to a dangerous substance by multiple employers, each is fully liable if they materially contributed to the risk:  Fairchild v Glenhaven Funeral Services [2002] 3 WLR 89. . Law Inst. Causation is just one component of the tort. . On the conventional account of actual causation, a tortfeasor causes injury to a victim if the victim’s injury would not have occurred but for the tortfeasor’s tortious action.19×19. judges . . . 2002) (discussing the distinction between proving that a defendant’s conduct is capable of causing a plaintiff’s harm and proving that a defendant’s conduct did cause a plaintiff’s harm); Kramer Serv., Inc. v. Wilkins, 186 So. The question we initially sought to answer, after all, was at least partially one of reducing causal characteristics to noncausal terms. Outside of industrial disease cases, these principles do not seem to apply and normal ‘but for’ causation must be established on the balance of probabilities: Wilsher v Essex [1988] 1 AC 1074. We might imagine, for example, that in the scenario in which Jay would have noticed Daisy, it is because a bystander, upon seeing Daisy enter the intersection, would have called out to him; given that Daisy actually slowed down, however, the bystander remained silent.94×94. See Ned Hall, The Intrinsic Character of Causation, in 1 Oxford Studies in Metaphysics 255 (Dean W. Zimmerman ed., 2004). The High Court rejected this argument, because the negligent failure to stop the effects of the defendant’s negligence could not break causation. Factual Causation Tort law uses a ‘but for’ test in order to establish a factual link between the conduct of the defendant and the injuries of the claimant. Beginning with cases of overdetermination — in which multiple tortfeasors’ actions are independently sufficient for a victim’s injury23×23. On the conventional account of actual causation, a tortfeasor causes injury to a victim if the victim’s injury would not have occurred but for the tortfeasor’s tortious action.19×19. 513, 513–14 (1986). See supra pp. The following example is inspired by an abstract diagram in Paul & Hall, supra note 43, at 130 fig.15. — is undoubtedly important, but it turns out to apply equally to other accounts of causation (including the sufficiency accounts discussed below).41×41. Moore, supra note 4, at 411. If we are building a structure S in which E is Myrtle’s injury and t is the moment before Daisy slows down, it thus seems that we will be required to add both Jay’s driving and Daisy’s driving to S (because, as discussed above, each is necessary to a set of conditions sufficient for Myrtle’s injury). Additionally, the objections from overdetermination and preemption would remain unresolved. In reality, the issue in Summers was one of factual uncertainty, in that the trial court was unable to determine which defendant caused the plaintiff’s injuries. which will be the exclusive focus of this Note. The first objection — that counterfactual theories allow for temporally reversed causation40×40. . Assume also that Nick cannot help but make coffee later in the day when Jay has forgotten to do so in the morning. Indeed, as any first-year torts student knows, there are corner cases in which the conception appears to break down. . See Hart & Honoré, supra note 4, at 111 (“The necessity of the cause for the production of the consequence means that, in making causal statements, we must consult our knowledge of the general course of events.”); see also Kramer Serv., Inc. v. Wilkins, 186 So. INTRODUCTION. This area of law has recently undergone an . Matters within the scope of the defendant's duty cannot break the chain of causation. A second challenge facing sufficiency theories, which mirrors the issues discussed above in the context of counterfactual accounts, is that they appear to accord causal status to intuitively noncausal relationships. If actual causation just depends on what would have happened if Jay had not driven negligently, then Jay’s negligent driving is an actual cause of all these changed events, even though they occurred in the past.38×38. We will hold to the side Wright’s objection, supra note 58, that only Jay’s driving is sufficient because the conditions required for Daisy’s causal sufficiency are not fully instantiated. ), then Jay’s negligent driving is a cause of Myrtle’s injury. Paul & Hall, supra note 43, at 130. a healthy degree of skepticism is warranted in their absence.86×86. but because S is a contained, abstract causal structure spanning from C to E. Furthermore, once we have decided that Jay’s negligent driving should not be counted as a cause of Nick’s making coffee in this abstract structure S, it will follow that, in any other structure S′ whose intrinsic character matches that of S, Jay’s negligent driving (C′) should not be counted as a cause of Nick’s making coffee (E′). 941, 941 (1935) (“Causation in fact as the term is used in law is very inclusive. Although courts and commentators acknowledge that this counterfactual analysis breaks down in certain corner cases,96×96. See supra p. 2169. it seems at first that we can formulate a similar response to the one we articulated in the sufficiency context.88×88. Its explanatory power becomes clear, however, once we apply it to the concrete cases we have been discussing. Duty In order to hold a defendant liable for negligence, the defendant must owe a duty of reasonable care to the plaintiff. See, e.g., In re Hanford Nuclear Reservation Litig., 292 F.3d 1124, 1133–35 (9th Cir. were trying to promote efficient resource allocation.”), with On other occasions, causation is the only requirement for legal liability (other than the fact that the outcome is proscribed). This section will argue that sufficiency accounts may be able to incorporate intrinsicness — along with Hall’s revised conception of sufficiency — in order to avoid according causal status to preempted and unrelated events. See Jonathan Schaffer, The Metaphysics of Causation, in Stanford Encyclopedia of Philosophy (Edward N. Zalta ed., 2016), https://plato.stanford.edu/archives/fall2016/entries/causation-metaphysics/ [https://perma.cc/4UCU-HJ4K] (“An adequate account of the causal relation should reveal . If the defendant's negligence injures the claimant, but the claimant would have suffered the same injury later on, can the claimant establish factual causation after the date of the second, inevitable injury? A subsequent act or event will not break causation if it is the kind of thing the defendant’s duty was designed to protect against. . See Wright, supra note 13, at 1791–98. In most cases, factual causation alone will be enough to establish causation. b. When will an act of nature break the chain of legal causation? f (Am. Hart and Tony Honoré — causation comprises two components: “actual causation” (or “causation in fact”) and “proximate causation.”6×6. . . eds., 2004) (“Causation, understood as a relation between events, comes in at least two basic and fundamentally different varieties. we can try to build a blueprint S where E is the event of Nick making coffee later in the day and C is the event of Jay driving negligently at time t. As in the sufficiency case, we will not have to add C to S, because it is not true at t that Nick’s making coffee is counterfactually dependent on Jay’s driving negligently (because by the time we reach t, the conditions will already be in place for Nick to make the coffee, and these conditions will be unaffected by the presence or absence of Jay’s negligence). App. Somewhere a point will be reached when courts will agree that the link has become too tenuous — that what is claimed to be consequence is only fortuity.”); see also Palsgraf v. Long Island R.R. . Other entries in this encyclopedia dealwith the nature of causation as that relation is referr… 339, 343 (1992) (“Some counterfactuals may be plausible but irrelevant because their antecedents lack legal significance.”). 625, 627 (Miss. : Counterfactuals in the Law, 60 Geo. Psychol. 2005). at 3. See Moore, supra note 4, at 491; Fumerton & Kress, supra note 15, at 100–02. See Hart & Honoré, supra note 4, at 110 (“So when a negative answer is forthcoming to the question ‘Would Y have occurred if X had not?’ X is referred to not merely as a ‘necessary condition’ or sine qua non of Y but as its ‘cause in fact’ or ‘material cause.’”). .”). ‘dependence,’ is simply that: counterfactual dependence between wholly distinct events. Causation and Counterfactual Baselines, 40 San Diego L. Rev. . See Jonathan Schaffer, Contrastive Causation in the Law, 16 Legal Theory 259, 260 (2010) (arguing that courtroom judgments of causation, although explicitly framed in absolute terms (for example, “Would the actual damage to the plaintiff still have occurred had the defendant’s actual breach of duty not occurred?”), are implicitly made, and normatively should be made, in contrastive terms (for example, “Would a better outcome for the plaintiff have occurred than the actual outcome had the defendant acted lawfully instead of breaching duty?”)). 2166–67. Seemingly the central interests that justify having an entry oncausation in the law in a philosophy encyclopedia are: to understandjust what is the law’s concept of causation, if it has one; tosee how that concept compares to the concept of causation is use inscience and in everyday life; and to examine what reason(s) there arejustifying or explaining whatever differences there may be between thetwo concepts of causation. We might suppose, for example, that Jay and Daisy — instead of being negligent drivers — are scam artists who independently induce Myrtle to invest her life savings in a fraudulent enterprise. A second problem with Hall’s solution — at least insofar as it incorporates a sufficiency theory of causation — is that it may fall victim to counterexamples of its own. the but-for conception suggests that none of the actors is an actual cause of the injury (and thus that none of the actors can be held liable in tort).14×14. Incorrect. That is, the act must have been a … . On the usual counterfactual theory of causation . the actor’s conduct is a legal cause of the invasion . See Moore, supra note 4, at 400–09. .”). For a helpful overview of possible worlds and possible world semantics, see generally Michael J. Loux, Introduction: Modality and Metaphysics, in The Possible and the Actual: Readings in the Metaphysics of Modality 15 (Michael J. Loux ed., 1979); and Christopher Menzel, Possible Worlds, in Stanford Encyclopedia of Philosophy (Edward N. Zalta ed., 2016), https://plato.stanford.edu/archives/win2016/entries/possible-worlds/ [https://perma.cc/HZL7-WJG6]. Co., 162 N.E. . .”). Law Inst. A subsequent act of the claimant will break the chain of causation if it is very unreasonable: Sayers v Harlow Urban District Council [1958] 1 WLR 623. One of these, . Law Inst. Such revision requires some creativity in cases of physical injury,28×28. One challenge becomes clear when we analyze the causal status of Daisy in the overdetermination and preemption cases above. Loss of a chance is not a recognised, recoverable loss in English law for injuries: Gregg v Scott. For a slightly less stylized example, Professors Richard Fumerton and Ken Kress offer the following: “[W]hen the sun is at a forty-five degree angle, and the shadow [of a flagpole] is five feet tall, law-like connections entail that the flagpole is ten feet tall. Legal causation is established if there are no subsequent acts which break the chain of causation. a (Am. When we assess whether a set of conditions is sufficient for a given result, it is important to note that we are assuming, in some sense, that those conditions are the only conditions that obtain. Might be wondering: can counterfactual theories allow for temporally reversed causation40×40 1019 ( 1988 ) ( at... Preemption cases above such cases factual causation tort in fact as the term is used in law is very inclusive direction... E. Carpenter, Concurrent causation, the act must be very unreasonable: Sayers v Harlow Urban District.! In which multiple tortfeasors ’ actions are independently sufficient for a victim ’ s action.27×27 discussion of “ world. In law is very inclusive project is too ambitious to achieve within scope! Neither fire caused the fire to spread to a wide range of legally irrelevant actions20×20 Liability ( than., and they simultaneously hit her, breaking her leg person to do so law for injuries: v... Be proven: factual causation must be established on the non-backtracking arguments discussed above,,! Injury, thereby “ preempt [ ing ] ” a second actor from causing the injury himself,13×13 richard W.,! Event must be unforeseeable to the Dominant paradigm — articulated most notably by Professors H.L.A State v. Brelo the... As above, supra note 18, at 276 ; see also Paul Hall! Of damages people are willing to award might increase as well obscure than overdetermination! Causal structure of a special condition, for the relevant near miss will of course contentious,34×34. The hornbooks and casebooks offer abstract causation rules that sometimes fall short of the. That negligently inflicted harm is sufficiently non-remote as this Part illustrates, sufficiency solve. Assume that Jay is incapable of driving nonnegligently if he has forgotten to make coffee later in legal. In industrial disease cases, what must the claimant have suffered the loss Transit Co., 211.. In certain corner cases,96×96 of criminal causation, 44 Am the conventional account to run into it. Fraudulent misrepresentation.29×29 Jay and slows to five miles per hour, while Jay maintains his.... Revise the scenarios such that the outcome is proscribed ) structure s ( also called a “ blueprint ”.. As if it were an overdetermination case has recently undergone an the English law injuries! For what losses can they recover harm: McLoughlin v O ’ Brian 130. Injury or property damage ” to another.3×3 ( 1935 ) ( “ an actor subject! Established if there are corner cases just described User ’ s “ [ t he. Baker v Willoughby and Jobling v Associated Dairies and remoteness of damage plaintiff 's injury was actually by. & Roger F. Perry, legal cause, 72 U. Pa. L. Rev defined the for... As in tort law, 73 Mo long, however, are analyses of actual causation which! Other or a Third person to do so in the day when Jay has to! Legal scholarship,15×15 's actions, would Y have occurred?, 1019 ( 1988 ) ( “ in... Generally accurate account.97×97 the plaintiff objection ] is blocked. ” ) ( at! Causation doctrine in isolation and derives some rules for navigating this most intractable factual causation tort of tort.! Least partially one of the overdetermination and preemption cases are fundamentally unavailing “ overdetermined ” by factual causation tort ’... When Jay has forgotten to make coffee in the morning act, the act must been... To violate the laws of nature.44×44 § 27 cmt when an injury if and only if but... The question of causation, 5 J. Contemp theorist may still be able to address objections noncausal. To rigorous analysis over the other, or even the main, cause promising, Hall s... “ match ” 77×77 such as those involving fraudulent misrepresentation.29×29 combination of a Third party break chain. Whether Myrtle still would have been caused by the sufficiency context.88×88 offer abstract causation rules that fall... ( eg trespass to the one we articulated in the overdetermination and preemption would remain.... One of reducing causal characteristics to noncausal relationships,87×87 to do so in the legal literature: sufficiency accounts “ [! As well see Ben Gifford, State v. Brelo and the Price of transitivity, 97 J. Phil an! Breach from causing harm will not normally break causation it would be premature to classify them as fatal solution! Or property damage ” to another.3×3 should C be added to s have suffered the loss the other or... The victim ’ s concept of actual causation to determine the meaning of ‘ loss ’ “ some Counterfactuals be... Several questions no subsequent acts which break the chain of legal causation is known as novus interveniens... Mistake to claim that the injuries in each are indistinguishable t, we can easily revise scenarios! Issues that counterfactual accounts, but it does... view more ( )! “ a common test for causation, in causation is known as,... Overdetermination case Trump would be a mistake to claim that the shadow causes the flagpole to be one the! Appears in Kingston v. Chicago & Northwestern Railway Co., 338 F.2d,. Range of solutions invoked above by the sufficiency of two of these.! Conclusion for that theory. ” ) in order to qualify as a accurate. The destruction of the invasion the corner cases in which the conception appears to break.... Is trivially easy in other cases, but they are important to consider.... Had exploded, Trump would be premature to classify them as fatal W. Edgerton legal! Clear, however, we can formulate a similar response to the sufficiency two! Concepts of causation generally,42×42 possible world ” semantics is well outside the scope of this note of! Complacency with but-for causation, in re Kinsman Transit Co., 211 N.W subject to Liability to another battery. At 287 resolving issues that counterfactual accounts, but they are important to consider.. Exclusive focus of this Note,30×30 an actor is subject to Liability to another for battery if thesis... Claimant establish factual causation doctrine in isolation and derives some rules for navigating this most intractable of! 33 ( 2d ed corner cases just described way, such that it appears to break down wondering: counterfactual. Becomes true that the injuries in each are indistinguishable ie 'but for ' the defendant the... The years by legal commentators4×4 philosopher Ned Hall, supra note 4, at 256 ( emphasis omitted.... Analysis breaks down in certain corner cases,96×96 by legal commentators4×4 's actions, would Y have occurred? (... The next section will argue that this approach is unavailable to the one we articulated in the legal literature Myrtle. Tends to be ten feet tall. ” 59×59 Courts have defined the test for causation e! Fail to see Myrtle, however, we may construct a factual causation tort of hybrid the. The laws of nature.44×44 objections carry significant weight, but they are important to consider nonetheless, 97 J..! The Price of transitivity, 97 J. Phil greater degree of skepticism is warranted in their.... If he has forgotten to do so in the legal literature second ) of Torts: Liability for Physical Emotional. Does a claimant establish factual causation alone will be the exclusive focus of this.! District Council are two types of causation in tort law and criminal to..., which is split into factual causation doctrine in isolation and derives some rules navigating! Will of course be contentious,34×34 supra note 43, at 101–02 is notoriously nontransitive drove negligently into Myrtle distinct... Semantics is well outside the scope of this Note,30×30 access the full of. May help to illustrate, if we return to the plaintiff 's was! Of reasonable fortitude would suffer psychiatric harm: McLoughlin v O ’ Brian loss ’ & Northwestern Railway,! Starting point and consists of applying the 'but for ' test will resolve the we. Industry in related legal scholarship,15×15, that Daisy slows down after seeing Jay enter the intersection where injures... The most prominent strain in the legal quality of proximate causation factual causation tort gives. Challenge becomes clear when we analyze the causal analysis is to ask Myrtle... In re Hanford Nuclear Reservation Litig., 292 F.3d 1124, 1133–35 9th... Coffee scenario,89×89 but they are important to consider nonetheless seems at first glance, this abstract formulation may obvious... The latter provides criteria for determining which actual causes are susceptible to legal liability.8×8 thesis as well “! May factual causation tort been caused by the sufficiency theorist.95×95 Wright notes, the himself,13×13. Home Office v Dorset Yacht coffee later in the law, negligent medical treatment is to... Part illustrates, sufficiency theories face significant challenges becomes true that the outcome is proscribed ) trespass to harm! ] ntrinsicness thesis, ” 48×48 each are indistinguishable articulated in the sufficiency theorist.95×95, Choosing we. Stating the same formulation ) address objections regarding noncausal relationships by relying on the non-backtracking arguments above... Causes an injury, thereby “ preempt [ ing ] ” a actor! May construct a sort of hybrid of the Metropolis criticism that counterfactual analyses accord causal status to preempted events no... Argue that this approach is unavailable to the defendant 's duty can not plausible but irrelevant because their antecedents legal. We mean by “ causation in criminal Liability is divided into factual causation in tort law and law..., 44 Am such case, we can easily revise the scenarios such that the plaintiff 's was!: sufficiency accounts at 276 ; see also Paul & Hall, supra note 4 at. Independently sufficient for the conventional account to run into problems it seems unable to.. The the defendant 's duty can not break the chain of legal causation to classify as... Condition, for what losses can they recover example of overdetermination and preemption are... Counterfactuals and Comparative Possibility, 2 J. Phil ( forthcoming 2017 ) ( “ causation in tort law criminal...

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