oa Comparative and International Law Journal of Southern Africa - A historical survey of delictual liability in Scotland for personal injuries and death, Part Three, English accretions



The cloak under which this policy determination was made was the concept of "directness" of causation: a defender was liable for all injuries, to all persons, which were not too remote from his culpable actings ; and injury was not too remote if the culpable act was its direct cause ;3. 4 and it was for the court to say in each case whether or not the defender' s culpa was the direct cause of the pursuer's injury.


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