Testing for Causation in Tort Law.pdf (2.78 MB)
Testing for Causation in Tort Law
journal contributionposted 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.
Publication titleAustralian Journal of Legal Philosophy
Department/SchoolSchool of Humanities
PublisherAustralian Society of Legal Philosophy
Place of publicationAustralia