Chapter

Concurrent Causes and Contributory Negligence

H. L. A. Hart

in Causation in the Law

Second edition

Published in print May 1985 | ISBN: 9780198254744
Published online March 2012 | e-ISBN: 9780191681523 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198254744.003.0010
Concurrent Causes and Contributory Negligence

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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

Chapter.  24838 words. 

Subjects: Jurisprudence and Philosophy of Law

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