- Video
Establishing Harm in Tort Law Part I: But-for Causation and Proximate Causation
Modern Tort law has a two part test to determine causation - but-for causation and proximate cause. Professor Richard Epstein explains how these two parts necessarily go together but often create confusion in trying to allocate responsibility. Rather than starting from the remote beginning of a causal chain of events, the Roman tort system started from the immediate cause and only then proceeded to consider other factors. https://youtube.com/watch?v=rUJ0JQBim9o