On The Causation Of Tort Law

With the diversity of modern life and the rising cases of tort, how to confirm the one who should bear responsibilities is important.Each material of tort liability is complicated and hard to determine.Otherwise the biggest trouble one is the causation.Many lawyers don't think the causation issue can be finger out clearly.As a condition of tort liability, its vague must leadunfair on applicable law and losing balance between parties or something more.During the time of <tort liability law> coming,studying the causation theories of world is a big thing for the applicable law.Firstly, the writer will introduce the causation of philosophy and common sense, analysing the inevitability and the interventions of causation specifically.On a basis of that,introduce the special and complex characteristics of causation; Secondly, analyse limiting causation theories and their advantages and shortcomings.Thirdly, since catch the basic knowledge of each theory, begin to reflect the mistakes of each theory , such as prove mistakes, fault mistakes, legal policy mistakes, the distinction of causation mistakes,especially predictability theory, which fall to fault mistakes obviously. So it in fact is fault theory , not causation theory. On the analysing fault mistakes and legal policy mistakes, the writers emphasize that the role of limit responsibility should not be play by the causation.Generally, the role can be play by fault condition, and exceptionality by legal policyLastly, according to the analysis of the distinction of causation mistakes, the writer . breakthrough with deliberate tort and got a conclusion that action and result just need satisfying necessary theory.Because if the limiting function relys on the causation , the sameactions will be different according the fault stations. Or using necessary conditions and fault theory can limit the responsibility totally. But necessary condition itself has difficulties, it must be corrected. In the end of the thesis, writer prove that the necessary theory and fault theory can limit responsibility on tort cases without the help of those complicated theories.