Testing for Causation in Tort Law

David Coady

    Research output: Contribution to journalArticle

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    Abstract

    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.
    Original languageEnglish
    Pages (from-to)83-95
    Number of pages13
    JournalAustralian Journal of Legal Philosophy
    VolumeVol.27
    Issue number2
    Publication statusPublished - 2002

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