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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: 30 July 2021

Foreseeability and Risk

Foreseeability and Risk

(p.254) IX Foreseeability and Risk
Causation in the Law

H. L. A. Hart

Oxford University Press

The appeal to foreseeability or risk differs from some other policy theories in that it proposes a general and apparently factual test, and does not leave the decision to the choice of the judge or to special arbitrary rules of law. But whereas the test of foreseeability is usually thought to be particularly appropriate to the civil law of negligence, that of risk is thought to apply to the law of tort generally. This chapter goes on to consider in more detail the wide foreseeability doctrine in its two aspects-limiting and extending responsibility by comparison with causal criteria.

Keywords:   foreseeability, risk, negligence, tort law

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