LAWG 100D2 Lecture Notes - Lecture 24: Breaking The Chain, Windows Management Instrumentation
1 May 2016
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In all the scenarios we are thinking of, the factual link is there. We do not start talking about proximate, or legal cause, until we are in the realm of thinking about what made the difference. We are in an explicitly normative realm here; we are trying to ascertain what is just or unjust in rel. to our defendant. How do we know how far responsibility goes: no really satisfying answer. Think back to andrews j. rel. to saying it is a matter decided by a rough sense of justice based on concerns rel. to convenience and public policy. Svp calls this part of law mushy. : we also see this in the french doctrine piece we read. Why was there no causation pursuant to art. 1607: given the additional work, the wrongdoing was not actually the immediate and direct cause of the loss. It is not the determining or preponderant cause.
