Legal causation and norm relativity: establishing (the scope of) liability for fault
PhD student: Mr J. Wassink
Promotors: J.S. Kortmann, Mrs Prof C. Mak, Mrs Dr J.M.L. van Duin
Duration: 1/1/2021 - 31/12/2026
This PhD project focusses on the role of the doctrines of legal causation and the protective scope of the rule in establishing (the scope of) tortious liability for fault. This issue is approached both from the perspective of private law theory, as well as from the perspective of comparative law. In the first part of the research more fundamental normative questions are dealt with, for example: what does the required connection between the fault and the harm exactly entail? What are the theoretical justifications for limiting, or rejecting, (the scope of) liability for fault, in particular trough the doctrines of the protective scope of the rule and legal causation? And are there any theoretical justifications for favoring either doctrine over the other? The second part of the research consists of comparative research into German, Dutch and English law. What is the role of the protective scope of the rule and legal causation in establishing (the scope of) liability for fault, under German, Dutch and English law? In particular: how are these doctrines elaborated upon in positive law; what are the criteria for application? How is the relationship between these doctrines viewed? And what arguments are provided, in particular by the courts, for and in applying these doctrines?