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Mixed Jurisdictions ComparedPrivate Law in Louisiana and Scotland$
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Vernon Palmer and Elspeth Reid

Print publication date: 2009

Print ISBN-13: 9780748638864

Published to Edinburgh Scholarship Online: March 2012

DOI: 10.3366/edinburgh/9780748638864.001.0001

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Causation as an Element of Delict/Tort in Scots and Louisiana Law

Causation as an Element of Delict/Tort in Scots and Louisiana Law

Chapter:
(p.355) 12 Causation as an Element of Delict/Tort in Scots and Louisiana Law
Source:
Mixed Jurisdictions Compared
Author(s):

Martin A Hogg

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9780748638864.003.0022

This chapter examines how causation as a requirement of the analysis of delict/tort is treated in both Scotland and Louisiana. In both systems we can detect a degree of reticence among members of the judiciary in delving into causal issues. This may be the result of a perception that the topic is a complex one, apt to muddy the waters of litigation. If that is indeed the case, it may be one very good reason why courts faced with causal questions might benefit from showing greater reliance on the lead given by academic discussion in the way which they have undoubtedly done in other legal fields. Such an academic-judicial partnership would likely assist in the development of the law in both jurisdictions in relation to the specific causal conundrums with which each continues to wrestle.

Keywords:   Scots law, Louisiana law, tort, delict, judiciary, causal issues

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