- Video
The Directness of Causation When Charging Defendants for Losses
Professor Richard Epstein explains that there are two ways to assess the damages caused by a defendant in a tort case. Both ways involve examining the causes of the tort but they start from opposite viewpoints. The modern approach first looks at all remote proximate causes and then allocates damages to parties who are best able to pay, regardless of their level of involvement. The traditional approach starts with the premise that the party who is the immediate cause of the tort should be held to be primarily responsible. https://youtube.com/watch?v=z1F8h_yP47o