Causation in the Law: special number of the University of Western Australia Law Review

Introductory editorial
Causation in the law (Elise Bant and Henry Cooney)

Theme: The Nature of Causation
Causation (Contribution) and the ‘No Worse Off’ Limitation on Liability (Richard Wright)
Omissive Overdetermination: Why the Act-Omission Distinction Makes a Difference for Causal Analysis (Yuval Abrams)
Three Categories of Causation in Tort Law (Johannes Hygen Meyer)

Theme: Causation, Science and Law
Causation: The Interface Between the Scientific and Legal Methods (The Hon Justice Jonathan Beach)
Law and Epidemiological Evidence; Double, Toil and Trouble (Per Laleng and Charles Feeny)
The Challenges of Proving Toxic Tort Causation: Genetic Markers as the Solution (Sara Golru)

Theme: ‘Decision Causation’
Willpower Has No Voltage: Problems with Causation in Equitable Estoppel (The Hon Justice Julie Ward and Steven Puttick)
Causation and Contributory Negligence: The Use and Misuse of Causal Concepts in Cases of Misleading Conduct (Henry Cooney)

Theme: Causation in the Criminal Law
A NESS Causation Based Concept for Imputation of Harm in Criminal Law (Ingeborg Puppe and Thomas Grosse-Wilde)
Case Analysis: Causation in Homicide, ‘Fright, Escape or Self-Preservation’ Cases: Yarran v The State of Western Australia (Meredith Blake and Stella Tarrant)

Theme: Causation in Commercial Disputes
The Causal Effect of Hypothetical Events Upon Contractual Damages (Joshua Thomson SC and Madeleine Durand)
Case Analysis: TPT Patrol Pty Ltd v Myer Holdings Limited: Why Shareholders Can Rely on Market-Based Causation (Zamir Golestani)

Theme: Causation in Tort
Material Contribution in Bonnington: Not an Exception to ‘But For’ Causation (Neil Foster)
‘Simply Unpredictable’: Establishing Causation for Claims of Police Negligence in Domestic Violence Cases (Nithya Narayanan)
Case Analysis: Inferring Necessary Conditions: The Enduring Paradox of the ‘But For’ Test in Factual Causation (Marco Rizzi and Amy Thomasson)


University of Western Australia Law Review (2022) volume 49, issue 1 (February 2022)

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