2015/09/01 by Sandy Steel · 5 citations
Economics, Econometrics and Finance · Psychology · Social Sciences · #Balance (ability) #Burden of proof #Business #Causation #Computer science #Criminal Law and Evidence #Damages #Duty #Law #Law and economics #Law, Economics, and Judicial Systems #Legal principles and applications #Liability #Order (exchange) #Plaintiff #Political science #Psychology #Set (abstract data type) #Sociology #Tort
paper · pdf · doi:10.1111/1468-2230.12142
published in Modern Law Review 78(5), 729-758 (Wiley)
openalex publication_date 2015/09/01 · openalex created_date 2025/10/10 · openalex updated_date 2026/07/29
This article defends a set of exceptions to the general rule in tort law that a claimant must prove that a particular defendant's wrongful conduct was a cause of its injury on the balance of probabilities in order to be entitled to compensatory damages in respect of that injury. The basic rationale for each exception is that it provides a means of enforcing the defendant's secondary moral duty to its victim. The article further demonstrates that the acceptance of this set of exceptions does not undermine the general rule.