The Causation Element (LAWS6976)

UNIT OF STUDY

The focus in this unit is on causation as an element in civil claims and criminal offences - the plaintiff must prove the defendant's breach caused the plaintiff's damage; the prosecution must prove that the defendant's act/omission caused the victim's death. We will examine competing definitions and conceptualizations of causation - over determination and the limits of the but/for notion; the extent to which it is possible to separate factual and legal causation; common sense versus conceptual analysis. We will also consider special proof rules that are being developed to address the difficulties causation presents - loss of chance, material contribution, presumed causation (following proof of breach).

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Further unit of study information

Classes

May 2, 3 & 16, 17 (9-5)

Assessment

4500wd essay (50%) and 1500wd take-home exam (50%)

Faculty/department permission required?

No

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