Causation as an Element of Delict/Tort in Scots and Louisiana Law

Martin A Hogg

in Mixed Jurisdictions Compared

Published by Edinburgh University Press

Published in print October 2009 | ISBN: 9780748638864
Published online March 2012 | e-ISBN: 9780748651443 | DOI:
Causation as an Element of Delict/Tort in Scots and Louisiana Law

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This chapter examines how causation as a requirement of the analysis of delict/tort is treated in both Scotland and Louisiana. In both systems we can detect a degree of reticence among members of the judiciary in delving into causal issues. This may be the result of a perception that the topic is a complex one, apt to muddy the waters of litigation. If that is indeed the case, it may be one very good reason why courts faced with causal questions might benefit from showing greater reliance on the lead given by academic discussion in the way which they have undoubtedly done in other legal fields. Such an academic-judicial partnership would likely assist in the development of the law in both jurisdictions in relation to the specific causal conundrums with which each continues to wrestle.

Keywords: Scots law; Louisiana law; tort; delict; judiciary; causal issues

Chapter.  14923 words. 

Subjects: Comparative Law

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