Volume 16, Issue 1 (2012)
CLR 2012, 16(1): 25-46 |
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Haji Azizi *, B, Gholami N. Position of Presumption of Causation in
Civil Liability. CLR 2012; 16 (1) :25-46
URL: http://clr.modares.ac.ir/article-20-3362-en.html
URL: http://clr.modares.ac.ir/article-20-3362-en.html
1- 1. Assistant Professor, Department of Law, Bu-Ali Sina University, , Iran
2- 2. Ph.D. student, Department of Law, Bu-Ali Sina University, Hamadan, Iran
2- 2. Ph.D. student, Department of Law, Bu-Ali Sina University, Hamadan, Iran
Abstract: (5728 Views)
Causation relationship, as one of the pillars of fulfillment of tort liability, is a matter that besides other pillars of lawsuit, should be proved by the claimant. But this general rule has exceptions in which the claimant is exempt from proving some pillars of lawsuit. One of the exceptions is presumption of causation. It means that in some cases, despite of the necessity of existence of causation relationship, the claimant does not need to prove it. None of the articles mention the presumption of causation expressly. What is discussed in this research is surveying the cases of presumption of causation in tort. With analysis of the tort-relevant topics, we understand that in tort, presumption of causation mainly exists in two cases: 1) Cases with presumed faults and 2) Cases in which proving the existence of causation in them is difficult because of some special circumstances; so we can apply presumption of causation in them.
Keywords: Tort, Causation relationship, Presumption of fault, Presumption of causation, Liability for malpractice, Product liability
Received: 2013/06/9 | Accepted: 2013/08/5 | Published: 2013/09/22
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