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Testing for causation in tort law

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posted on 2023-05-26, 11:43 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

83-95

ISSN

1440-4982

Publication status

  • Published

Rights statement

Copyright 2002 the Australilan Journal of Legal Philosophy and the Author

Repository Status

  • Open

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