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Testing for causation in tort law
journal contributionposted 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.
Publication titleAustralian Journal of Legal Philosophy
Rights statementCopyright 2002 the Australilan Journal of Legal Philosophy and the Author