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Three Kinds Of Fault: Understanding The Purpose And Function Of Causation In Tort Law, Marin R. Scordato
Three Kinds Of Fault: Understanding The Purpose And Function Of Causation In Tort Law, Marin R. Scordato
University of Miami Law Review
Causation is a concept of enormous importance in the law. In just the last two years, the United States Supreme Court has explicitly considered its importance and meaning on at least three occasions, in areas of the law as diverse as specific personal jurisdiction, Title IX, and Section 1981. It has also been the subject of sustained scholarly examination and debate.
In no area of the law is causation as foundational and omni- present as in tort law, and in no sphere within tort law is it more prevalent than in its dominant cause of action, negligence. Unsurprisingly then, the …