TortsProf Blog

Editor: Christopher J. Robinette
Southwestern Law School

Tuesday, September 14, 2021

Wright on Multiple Legally Responsible Causes

Richard Wright has posted to SSRN Identifying and Assigning Liability Among Multiple Legally Responsible Causes.  The abstract provides:

This paper, forthcoming in the Rechtstheorie journal, discusses the development of the NESS analysis of natural causation in philosophy and law and (relatedly) the failure of the but-for/sine-qua-non test as an exclusive test, responds to criticisms of the NESS analysis, notes general acceptance of the NESS analysis by academics and increasingly by courts made aware of it, distinguishes the natural causation issue from the legal responsibility and ultimate liability issues, and briefly discusses the legal responsibility and ultimate liability issues.

https://lawprofessors.typepad.com/tortsprof/2021/09/wright-on-multiple-legally-responsible-causes.html

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