Private Law Theory

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.

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.

First posted 2012-08-22 15:03:47