THE THEORY OF COMPARATIVE CAUSATION

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ESKANDARI HOSEIN

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Journal Paper

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Journal: PRIVATE LAW STUDIES Year:2019 | Volume:48 | Issue:4 Page(s): 567-586

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Information Journal Paper

Title

THE THEORY OF COMPARATIVE CAUSATION

Author(s)

ESKANDARI HOSEIN | Issue Writer Certificate

Keywords

The causationQ1

Comparative causationQ1

Comparative negligenceQ1

Statistical causationQ1

Abstract

The studies about causation have been conducted in two steps; the first step is identification of the cause in fact. The “ cause in fact” is the condition, action, or object that caused the damage. The second step identifies the legal cause or proximate cause from all causes that identified at first step. This is an event sufficiently related to a legally recognizable injury or damage as the cause of that injury or damage. In some legal systems, the negligence is an essential factor for defendant’ s responsibility and from all causes identified at first step, those will be responsible that have a fault. Recently, the theory of Comparative causation has been raised in western legal systems adopting a system of non-fault liability that assesses the costs of accidents according to the involvement in the activity irrespective of legal notions of fault. The study of the local laws and regulations indicates that dividing the costs of an accident among the sub-activities has been accepted by Iranian law.

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APA: Copy

ESKANDARI, HOSEIN. (2019). THE THEORY OF COMPARATIVE CAUSATION. PRIVATE LAW STUDIES, 48(4 ), 567-586. SID. https://sid.ir/paper/124707/en

Vancouver: Copy

ESKANDARI HOSEIN. THE THEORY OF COMPARATIVE CAUSATION. PRIVATE LAW STUDIES[Internet]. 2019;48(4 ):567-586. Available from: https://sid.ir/paper/124707/en

IEEE: Copy

HOSEIN ESKANDARI, “THE THEORY OF COMPARATIVE CAUSATION,” PRIVATE LAW STUDIES, vol. 48, no. 4 , pp. 567–586, 2019, [Online]. Available: https://sid.ir/paper/124707/en

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