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
83-95
ISSN
1440-4982
Publication status
Published
Rights statement
Copyright 2002 the Australilan Journal of Legal Philosophy and the Author