TY - JOUR
T1 - Testing for Causation in Tort Law
AU - Coady, David
N1 - Imported on 12 Apr 2017 - DigiTool details were: Journal title (773t) = Australian Journal of Legal Philosophy. ISSNs: 1440-4982;
PY - 2002
Y1 - 2002
N2 - 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 Honor., 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 butfor test and ordinary language, commonsense, or sound legal principle.
AB - 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 Honor., 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 butfor test and ordinary language, commonsense, or sound legal principle.
KW - Open access version available
M3 - Article
SN - 1440-4982
VL - Vol.27
SP - 83
EP - 95
JO - Australian Journal of Legal Philosophy
JF - Australian Journal of Legal Philosophy
IS - 2
ER -