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Testing for Causation in Tort Law


Coady, DA, Testing for Causation in Tort Law, Australian Journal of Legal Philosophy, 27, (1) pp. 1-10. ISSN 1440-4982 (2002) [Refereed Article]


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The traditional, intuitively appealing, test for causation in tort law, known as 'the but-for test' has been subjected to what are widely believed to be devastating criticisms by Tony Honore, and Richard Wright, amongst others. I argue that the but-for test can withstand these criticisms. Contrary to what is now widely believed. there is no inconsistency between the but-for test and ordinary language, commonsense, or sound legal principle.

Item Details

Item Type:Refereed Article
Research Division:Philosophy and Religious Studies
Research Group:Philosophy
Research Field:Social and political philosophy
Objective Division:Law, Politics and Community Services
Objective Group:Justice and the law
Objective Field:Legal processes
UTAS Author:Coady, DA (Dr David Coady)
ID Code:34166
Year Published:2002
Deposited By:Philosophy
Deposited On:2005-08-01
Last Modified:2012-06-26
Downloads:478 View Download Statistics

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