Dear Colleagues;

Just for something completely different- those collecting quotes on causation in tort law might at first be interested in a US Supreme Court decision (unanimous as to the main principle) that opens in this way:

 

Few legal principles are better established than the rule

requiring a plaintiff to establish causation. In the law of

torts, this usually means a plaintiff must first plead and

then prove that its injury would not have occurred “but for”

the defendant’s unlawful conduct.

 

The decision is COMCAST CORP. v. NATIONAL ASSN. OF AFRICAN AMERICAN-OWNED MEDIA 743 Fed. Appx. 106 (March 23, 2020) and can be found here: https://www.law.cornell.edu/supct/pdf/18-1171.pdf . Sadly for common law torts lawyers, however, this introductory statement is only a preface to a detailed discussion of the elements of a claim for racial discrimination under 42 U. S. C. §1981, which guarantees “[a]ll persons . . . the same right . . . to make and enforce contracts . . .as is enjoyed by white citizens.” But the decision is that this wording means that a plaintiff must show that race was a “but for” cause of the decision to deny a contract, not merely a “motivating factor”. Seems a sensible decision.

Regards

Neil

 

 

NEIL FOSTER

Associate Professor, Newcastle Law School

Acting Program Convener, Master of Laws, Master of Environmental Law

 

Faculty of Business and Law

409 Hunter St

Newcastle

 

T: +61 2 49217430

E: neil.foster@newcastle.edu.au

 

Further details: http://www.newcastle.edu.au/profile/neil-foster

My publications: http://works.bepress.com/neil_foster/ , http://ssrn.com/author=504828 

Blog: https://lawandreligionaustralia.blog

 

 

The University of Newcastle (UoN)

University Drive

Callaghan NSW 2308

Australia

 

CRICOS Provider 00109J