The theory of Comparative Causation

The Studies about causation have been made in two steps; the first step is identification of the cause in fact. The “cause in fact” is the condition, action, or object that caused the damages. The second step identifies the Legal cause or proximate cause from all causes that identified at first step which is an event sufficiently related to a legally recognizable injury or damage to be held to be the cause of that injury or damage. In some legal systems, the negligence is an essential factor for defendant’s responsibility and from all causes identified at first step, those will be responsible that have a fault. Recently the theory of comparative causation has been raised in western legal systems adopting a system of nonfault liability that assesses the costs of accidents according to the involvement in the activity irrespective of legal notions of fault. The study of the local laws and regulations indicates that dividing the costs of an accident among the sub-activities has been accepted by Iranian laws.