| Abstract [eng] |
Problematics of Legal Evaluation of Causal Relation The causal connection between conduct and result is usually perceived as an objective relationship in many other studies, whereas in tort law it is considered quite the opposite. This perspective is reflected in the need for the injury to be attributable to the defendant’s wrongdoing or – the need to prove that the defendant’s impugned conduct actually caused the loss complained of. Every causal scheme essentially reflects the legal need to determine not only whether the defendant's tortious conduct had contributed to an injury but also whether the defendant should be held legally responsible for the injury in the light of the other contributing factors. Despite being the necessary element of civil liability, causation is still often underestimated. This position not only can cause a faulty result of the case, but also lead to the situation when an innocent person would be held responsible for the damage caused by others. The aim of this master thesis is to identify and demonstrate the most common problems met, while solving civil wrong cases and most important – to offer some legal solutions. The thesis will therefore be divided into four chapters: while the first and the second chapter will highlight and explain some theoretical basis of causal connection, the third and the fourth chapter will turn to the practical framework of causal relation – subsequent analysis of caselaw will demonstrate the most usual mistakes made by civil courts. |
