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Testing for Causation in Tort Law.pdf (2.78 MB)

Testing for Causation in Tort Law

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journal contribution
posted on 2023-05-16, 16:34 authored by David CoadyDavid Coady
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 Philosophy

Volume

27

Pagination

1-10

ISSN

1440-4982

Department/School

School of Humanities

Publisher

Australian Society of Legal Philosophy

Place of publication

Australia

Repository Status

  • Open

Socio-economic Objectives

Legal processes

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