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Unnecessary Causes

Stapleton, Jane (Barbara)


This article argues that private law, specifically tort law, should adopt a notion of a �cause� that is wider than the relation of necessity that is encapsulated in the traditional but-for test. The law may have an interest in the relation between an indivisible injury and a specific tortious contribution to the mechanism by which it occurred, which contribution was unnecessary because the relevant element of that mechanism was �over-subscribed�. The suggested approach facilitates separation of...[Show more]

CollectionsANU Research Publications
Date published: 2013
Type: Journal article
Source: Law Quarterly Review


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03_Stapleton_Unnecessary_Causes_2013.pdf8.56 MBAdobe PDF    Request a copy

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