The hypothetical cause problem: a comparative study of causation issue in tort law and civil liability

Event date
4 May 2022
Event time
13:00 - 14:00
Oxford week
TT 2
Audience
Faculty Members
Members of the University
Venue
Online & IECL Seminar Room
Speaker(s)
Dr Gabriel Magadan

Notes & Changes

We hope to run this event in person and online. However, seating in the IECL Seminar Room is limited and will be allocated on a first come, first served basis. Please complete the registration form below to indicate how you would like to attend.

 

In both tort law and civil liability, a complex problem is that of attributing obligation to compensate damage in cases in which successive causal situations compete and are equally capable of producing the result. John carelessly damages the property that belongs to Paul, which is then destroyed by fire. Should John be held liable for the event that would occur anyway? Can John invoke the successive fact to reduce or exclude the obligation to compensate damage? How important is the second fact in assessing damage? The first cause can be considered real, and the second is a virtual or hypothetical cause. If the first cause is removed, the second is considered to have had a negative effect. This is a case of causality that involves the analysis of the positive and negative effects of the cause in determining damage, and each of them implies different solutions. The seminar intends to give an overview of research in progress that involves hypothetical causality in tort law and civil liability and the efforts to find solutions addressed by different legal systems.

This event is open only to members of Oxford University. To register for it please complete the form below using your SSO credentials. Registration will close at 10am on the morning of the seminar after which a Teams link will be sent to those who have registered to attend online.

Registration form

Found within

Comparative Law