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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
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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|
|Additional Information:||© 2002 the Australilan Journal of Legal Philosophy and the Author|
|Date Deposited:||01 Sep 2009 02:06|
|Last Modified:||18 Nov 2014 04:04|
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