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Causation in the Law$
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H. L. A. Hart and Tony Honoré

Print publication date: 1985

Print ISBN-13: 9780198254744

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198254744.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 01 August 2021

Concurrent Causes and Contributory Negligence

Concurrent Causes and Contributory Negligence

Chapter:
(p.205) VIII Concurrent Causes and Contributory Negligence
Source:
Causation in the Law
Author(s):

H. L. A. Hart

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198254744.003.0010

Chapter VI discussed the principles on which a third factor might be held, on the traditional view, to negative causal connection between a wrongful act and some harm of which the wrongful act was a necessary condition. This chapter deals with the other possibility, that such a third factor may not negative causal connection but be treated as a concurrent cause. These cases fall into three groups: in the first both wrongful acts are necessary conditions of the harm. In the second, one act is not a necessary condition of the harm since there is some other independent wrongful act sufficient to produce the harm. In the third, even if the defendant had complied with the law, either this or another event, which would then have happened, would have produced similar harm.

Keywords:   wrongful acts, harm, contributory negligence, concurrent causes, contributory causes

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