Causation serves as a requirement for the imposition of liability in a multitude of private law contexts. Recently, when dealing with requirements of causation imposed by statutory schemes proscribing misleading or deceptive conduct, Australian courts have considered the possibility of a plaintiff arguing a ‘market-based’ theory of causation. This article aims to explore and clarify the factual causation enquiry in a case of market-based causation. Particular attention is given to the appropriate test of causation in a case of market-based causation. This article argues that, when considering whether a plaintiff’s loss was caused by a defendant’s conduct through a market-based causal chain, the appropriate test of causation is the ‘a factor’ test. In doing so, this article challenges the approach taken in recent cases involving market-based causation and misleading or deceptive conduct.
|Number of pages||26|
|Journal||Torts Law Journal|
|Publication status||Published - 3 Sep 2021|