“Causation” is of particular significance in tort law of Iran and England,particularly in the field of Negligence Law. Existing differences in Iranian legalsystem, as a civil law country, with English law, as a common law country,cause great difficulties in seeking a common perspective in ...
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“Causation” is of particular significance in tort law of Iran and England,particularly in the field of Negligence Law. Existing differences in Iranian legalsystem, as a civil law country, with English law, as a common law country,cause great difficulties in seeking a common perspective in order to examine theconcept of causation. Having said that, this is not an impossible task. In order toconduct a comparative study of causation under the legal systems of Iran andEngland, two principal subjects of “Hidden Tortfeasor” and “VisibleTortfeasor” are distinguished after scrutinizing “The State of Causation”. Onthe basis of the current criteria, an aspect of “Liable Tortfeasor” is examined,which determines a responsible one in the incident under “Tortfeasor” survey. Acertain connection is recognized between the damage and factors contributing tothe occurrence of the incident, but it is impossible to identify the liable factorthen “Hidden Tortfeasor” comes to the surface. According to noticeablesimilarities in Iranian and English law, the latter can present solutions forIranian law, and it can be used as a suitable model for Iranian legal system.Judges can consider the above-mentioned criteria adopted in English law incases in which no solution can be found in Iranian law or existing solution is notadaptable with conditions and nature of the dispute.
