Research On The Hypothetical Causation In Tort Law

As a question of damage in Tort Law, hypothetical causation was being discussed constantly by jurists from the Roman law to the current continental law. This article discusses the definition and the nature of hypothetical causation, as well as the difference from few related conceptions. The impact of damage’s different definition on hypothetical causation is also an essential element, which is the third part of this text. And a multiple classification analysis is made in the last part of this article.The Chapter 1 of this text is a summary of hypothetical causation. The different opinion on the hypothetical causation of the jurists from all around the world arise from Several cases related. In the 2nd Section, six cases are given for the convenient citation of the following text. As a confusing issue in Tort Law, the foremost step to study it is to discriminate from other similar definition such as The defense of lawful alternative behavior, Intervention factors, and these discriminations is in the 3rd Section of this Chapter.In the Chapter 2, this text tries to categorizes the hypothetical causation on basis of its process, and then a greater refinement of the categorization is made in line with the nature of the hypothetical causation. The first section of this chapter describes categorization by Germany scholars and BGB, they do take the lawful hypothetical causation and some kind of hypothetical causation into consideration. And a scholar called Zeng Shixiong from Taiwan categorizes the hypothetical causation into two types, which are Watermelon Case and Cable Case, which in fact misunderstand the conception of hypothetical causation. Lastly in the third section, two kinds of hypothetical causation are divided, and then two kinds of hypothetical causation are further divided on basis of this.The infringing party shall pay fully the victim for compensation, which is also the implement method of Tort Law’s function, and what is the so called damage is the focus of Tort Law theory. For this article, the way how the different perceptions of damage and the time point the judge takes impact the application of hypothetical causation in the judgement is one of the important questions. The third section introduces the two mainstream theory, Subjective Theory and Objective Theory, and the treatment of hypothetical causation hereunder. And the time point of damage calculation is another important influencing quantum is discussed in the last section for it originates from the disparate comprehension of damage.