Mark A Geistfeld, ‘Proximate Cause Untangled’, 80 Maryland Law Review 420 (2021). Negligence poses special challenges for legal scholars and practitioners. The broad sweep of the cause of action is made possible by reliance on concepts that operate at a high level of abstraction. This explains why negligence is so adaptable, and hence so adept at responding to new social problems. But the use of abstract concepts also poses problems of understanding, and produces high levels of doctrinal instability. Few areas of negligence law illustrate the difficulties more graphically than the issue generally referred to in the US as ‘proximate cause’, and in the Commonwealth as ‘remoteness’ or ‘scope of liability’ …” (more)
[Donal Nolan, JOTWELL, 8 February]
First posted 2022-02-08 16:00:43
Leave a Reply