Download This PaperSuing for the Loss of the Right to Sue: Why Wright is Wrong
14 Pages Posted: 7 Feb 2012 Last revised: 12 Mar 2012
Date Written: February 5, 2012
Abstract
Sometimes a wrongdoer W1 may seek to avoid liability by claiming that the victim, V, would have been caused its loss or part of its loss anyway by another, independent, wrongdoer, W2. Most people think this is unfair.
It is tempting to explain the unfairness as resting upon the fact that W1 has deprived V of the right to sue W2, if W2's wrong never actually occurred.
We argue that this temptation should be resisted.
Keywords: Torts, Causation
Suggested Citation: Suggested Citation
Steel, Sandy and McBride, Nicholas, Suing for the Loss of the Right to Sue: Why Wright is Wrong (February 5, 2012). University of Cambridge Faculty of Law Research Paper No. 4/2012, Available at SSRN: https://ssrn.com/abstract=1999699 or http://dx.doi.org/10.2139/ssrn.1999699
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