Suing for the Loss of the Right to Sue: Why Wright is Wrong

14 Pages Posted: 7 Feb 2012 Last revised: 27 Nov 2013

See all articles by Sandy Steel

Sandy Steel

University of Oxford

Nicholas McBride

University of Cambridge - Faculty of Law

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

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

Sandy Steel (Contact Author)

University of Oxford ( email )

Oxford, Oxfordshire OX1 4AU
United Kingdom

Nicholas McBride

University of Cambridge - Faculty of Law ( email )

10 West Road
Cambridge, CB3 9DZ
United Kingdom

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