Jump to ContentJump to Main Navigation
Mixed Jurisdictions ComparedPrivate Law in Louisiana and Scotland$
Users without a subscription are not able to see the full content.

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

Show Summary Details
Page of

PRINTED FROM EDINBURGH SCHOLARSHIP ONLINE (www.edinburgh.universitypressscholarship.com). (c) Copyright Edinburgh University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in ESO for personal use.date: 27 July 2021

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

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

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

Martin A Hogg

Edinburgh University Press

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

Edinburgh Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.