Attribution of damage, causality

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Chapter 8 in The Economic Analysis of Civil Law, 2022, pp 253-275 from Edward Elgar Publishing

Abstract: Whether the defendant has to bear the third-party damage therefore crucially depends on whether the risk that has materialised in the underlying case of damage is assigned to his area of responsibility under liability law. The exact delimitation of the areas of responsibility cannot be made according to causality criteria in the usual sense because these do not allow a differentiation according to the objectives of liability law. Not all links in a causal chain are legally relevant when measured against the objectives of liability law.

Keywords: Economics and Finance; Law - Academic (search for similar items in EconPapers)
Date: 2022
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