Abstract
“Causation” possesses a considerable place in tort law of Iran and England particularly in the field of Negligence law. Existing differences in legal systems of Iran (as a Civil Law system) and England (as a Common Law system) make find a common perspective difficult to study causation but possible. This research focuses to compare causation in cases where more than one tortfeasors is involved in inflicting damage by negligence. This study also attempts to recognize differences and similarities between Iran and England in order to resolve ambiguities in Iran legal system through England legal system. The study was conducted in three sections including tortfeasors’ indenpendancy, tortfeasors’ contribution, and tortfeasors’ separate impact. This paper reports respectively: in case of tortfeasor independency, Iran law admits jointly and severally liability while England law offers a variety of approaches in various cases; in case of tortfeasors’ contribution, each tortfeasor is liable according to its effect on causing damage with few exceptions; and in case of tortfeasors’ separate impact, per tortfeasor is liable for inflicted damage which is only from oneself side. The results show England law can be considered to filling legal gap of Iran law regarding present identified differences and similarities.
Highlights
IntroductionThe hardship of investigation emerges in attributing liability to one or more involving factors; so through it, the liable factor or factors of the caused damage can be recognized
Most of the liabilities which rise to recover losses are not with the nature of Strict Liability
This paper reports respectively: in case of tortfeasor independency, Iran law admits jointly and severally liability while England law offers a variety of approaches in various cases; in case of tortfeasors’ contribution, each tortfeasor is liable according to its effect on causing damage with few exceptions; and in case of tortfeasors’ separate impact, per tortfeasor is liable for inflicted damage which is only from oneself side
Summary
The hardship of investigation emerges in attributing liability to one or more involving factors; so through it, the liable factor or factors of the caused damage can be recognized Addressing these issues might lead the discussion to “Causation”. The principal objective of present study is to examine the role of causation in law of Iran and England in cases which more than one tortfeasor are involved in the damages resulted by negligence. This study investigates the differences and similarities of causation notion in order to enrich and address the shortcomings of Iranian tort law with a probable help of strategies proposed in law of England. Causation is discussed regarding an intervention manner of the tortfeasors involved in an incident, in three positions of independency of tortfeasors, contribution of tortfeasors and separate impact of the tortfeasors
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