Please use this identifier to cite or link to this item: https://www.um.edu.mt/library/oar/handle/123456789/29302
Title: An analysis of supervening causes in personal injury claims
Authors: Psaila, Ezekiel
Keywords: Causation (Criminal law)
Liability (Law)
Torts
Issue Date: 2017
Abstract: If we are indeed adamant to do justice, we ought to weigh blindfolded all the distinct yet connected links of the causal chain, whilst taking into account the interplay between the agent and their respective contribution in the consequence. This proposition purports the main question at heart, which the author will seek to answer by means of this academic paper. The Author has introduced the notion of complex causation and delved into those pivotal elements, which are indispensable in order to identify supervening causes. This paper will endeavour to identify the role of causation in the attainment of justice through an examination of the various mechanisms deployed by the courts. The sequential order of this Civil law related study is intended to gradually introduce the subject matter to the reader in a manner that the outcome resulting from this paper coincide to that which comes natural to the reader by the study’s methodological reasoning. The main aim in this paper is a thorough analysis of the supervening causes in personal injury claims. In the first Chapter the Author will first identify what is Causation and its relevence on a local spectrum. The following chapter will then enquire into the prevalent theories that beset the determintation of a causal nexus. The paper will then tackle two critical components of a superveining element, the intervening agent (extraneous to the causal relationship) and the interveining force. For each of the the aforementioned components is a chapter dedicated to their analysis and the determination of whether such occurance may be considered as a new Cause in and of itself or a sequential factor to the previous cause that triggers the causal happening. The conclusion will seek to formulate a viable way forward that indeed fulfils the attainment of justice but at the same time constitute a uniform approach for tackling tortious happenings involving supervening elements in personal injury claims.
Description: LL.B
URI: https://www.um.edu.mt/library/oar//handle/123456789/29302
Appears in Collections:Dissertations - FacLaw - 2017
Dissertations - FacLawCiv - 2017

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