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Revista de Derecho Privado
Print version ISSN 0123-4366
Abstract
VASQUEZ VEGA, DANIEL. Scope of Liability: An Analysis of Supreme Court Decisions. Rev. Derecho Privado [online]. 2021, n.41, pp.289-320. Epub Aug 22, 2021. ISSN 0123-4366. https://doi.org/10.18601/01234366.n41.10.
Frequently, to determine if a person is liable, it is necessary to choose the legally relevant cause of the harm among two or more causes. This paper analyzes the court decisions handed down between 2015 and 2018 in which the Civil Chamber of the Colombian Supreme Court faced this issue, to determine if it has set clear criteria to choose between the múltiple concurrent causes of harm, the legally relevant one, and whether causality is being understood by courts as a matter that combines both factual and normative questions.
Keywords : scope of liability; proximate cause; causation; legal cause; force majeure; contributory negligence; comparative negligence; intervening wrongdoing.