Causal Relation in Legal Liability

Abstract

The composition of a case in tort is more complex than has been generally supposed. The assumption by courts and legal writers that a tort is made up only of the elements of wrongdoing, causal connection and damage has led to no end of confusion in the development of this branch of the law. While the causal relation and damage elements are acceptable and usable terms, the so-called wrongdoing element is too comprehensive, and tends to obscure the real process to which a supposedly tort case must be subjected before responsibility can be determined. The stubborn unity of a tort case demands a more searching analysis than this term affords, and as desirable as simplicity may be, it is disastrous to clear thinking and the law's development to crowd too many concepts into an expansible catchword.