Testing for Causation in Tort Law.pdf (2.78 MB)
Testing for Causation in Tort Law
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.
History
Publication title
Australian Journal of Legal PhilosophyVolume
27Pagination
1-10ISSN
1440-4982Department/School
School of HumanitiesPublisher
Australian Society of Legal PhilosophyPlace of publication
AustraliaRepository Status
- Open