Much of what was in the book was first published in a series of articles in the LQR
I remember that was where I first read it.
It certainly had the distinction between a cause and a condition
I am away from my desk and do not have the precise refs
Happy new year
Michael
Date: Tue, 30 Dec 2008 16:37:35 -0600
From: Rwright@kentlaw.edu
Subject: RE: Fleming, Law of Torts
To: davidcheifetz@rogers.com; obligations@uwo.ca
It first appeared in the second edition (1961), which incorporated much of Hart & Honore's exposition in Causation in the Law (1959). Not in Fleming's first edition, obviously, since that edition came out in 1957, two years prior to H&H. See 73 Calif. L. Rev. 1788 n.227.
Dear Colleagues,
I'm hoping somebody can anybody advise without having to trudge to the stacks whether the wastepaper basket & fire example and a version of this passage
"Every event or occurrence is the result of many conditions that are jointly sufficient to produce it. This complex set of conditions includes all antecedents, active or passive, creative or receptive, which were factors actually involved in producing the consequence. In particular, it embraces both “causes” and what are commonly called mere causal “conditions”; for that distinction, whatever its value in the context of the later inquiry into “proximate” cause, does not correspond to any functional difference as regards the de facto relation between antecedents and their consequents."
first appears in the 1st or 2nd editions of the text. My recollection is that I've seen it as far back as the 4th and probably the 3rd.
I'm trying to avoid having to go into any libarary this weekend.
Regards and Happy New Year to all.
DC
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