Chapter 7 Key debates

Causation in fact

Topic:

‘Loss of a Chance and Causation’

Author:

Lord Neuberger of Abbotsbury

Viewpoint:

A practical examination of the problems of calculating damages for loss of a chance in both tort and contract. Provides a helpful insight into the overlap of the issues between the two areas.

Source:

(2008) 24 PN 206

Topic:

‘Unnecessary Causes’

Author:

J. Stapleton

Viewpoint:

An attempt to reconcile ‘material contribution’ with the ‘but-for test’ as determinants of factual causation.

Source:

(2013) 129 LQR 39

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