Unnecessary Causes
Date
2013
Authors
Stapleton, Jane (Barbara)
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Publisher
Sweet & Maxwell Ltd
Abstract
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 two distinct issues: whether a breach of duty contributed to the occurrence of the injury of which complaint is made (the �factual cause� issue); and whether that injury represents �damage� relative to the benchmark of where the victim would have been had he not been the victim of tortious conduct.
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Law Quarterly Review
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Journal article
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2037-12-31