The Law of Intervening Causation [Paperback]

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.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.Douglas Hodgson is Associate Professor, Faculty of Law, The University of Western Australia. He has published widely on Human Rights law.