Civil liability in Multicausality (Combination of causes)
Journal Title: Journal of Science and today’s world - Year 2014, Vol 3, Issue 1
Abstract
This article introduces and surveys sentence presented for a problem concerning the civil liability Where damage is caused in result of a number of integrated causes. This state is called multicausality. In the mentioned state, sometimes the factual causation is only available between one of the mentioned causes and damage while it is not exactly clear that this relationship is available between which of them and result and sometimes all causes have maintained their conventional casual relationship with the result. In the first hypothesis that there is an glancing knowledge of causation of one of the causes mentioned in creating harm, different recommendations are presented to determine the liable cause including: liability of inconclusive causes , equal division of liability between inconclusive causes, paying compensation from public fun, and determining the liable cause by drawing lots . In the second hypothesis effective causes in occurrence of the damage have maintained their casual relationship with the results as linear or lateral , different suggestions are proposed to determine the liable cause including : causes equality theory, responsibility of the approximate cause theory, recommendation of liability of initial cause and normal cause theory. In this article each of the mentioned methods are presented and surveyed.
Authors and Affiliations
Farideh Anbazpour, Kherollah Ramezani
Keywords
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