Causation: intervening acts and remoteness

Topic:

‘Scope of Duty’

Author:

J. Stapleton

Viewpoint:

Both Stapleton and Stauch (below) are searching for a way to conceptualize remoteness which is preferable to that described by Lord Hoffmann in Banque Bruxelles (1997) as ‘scope of duty’. Stapleton believes that it is often a matter of ‘circumstances’ which make it necessary to ‘draw a line’ in the chain of causation.

Source:

(1997) 113 LQR 1

Topic:

‘Risk and Remoteness of Damage in Negligence’

Author:

M. Stauch

Viewpoint:

Stauch believes that the question of remoteness is inherently principle-based and is best dealt with by focusing on the nature of the risk created by the defendant and the chain of events rather than the specifics of the damage itself.

Source:

(2001) 64 MLR 191