Library Open Repository
Testing for causation in tort law
Coady, DA (2002) Testing for causation in tort law. Australian Journal of Legal Philosophy, 27. pp. 83-95. ISSN 1440-4982
coady.pdf | Download (381kB)
Available under University of Tasmania Standard License.
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 Honoré, 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.
|Journal or Publication Title:||Australian Journal of Legal Philosophy|
|Page Range:||pp. 83-95|
© 2002 the Australilan Journal of Legal Philosophy and the Author
|Date Deposited:||01 Sep 2009 02:06|
|Last Modified:||18 Nov 2014 04:04|
|Item Statistics:||View statistics for this item|
Actions (login required)
|Item Control Page|