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Loss Counterfactuals

22-1-26 / Benjamin Teng — Contract, Commercial Equity

Benjamin Teng authored this article, published in the Oxford Journal of Legal Studies. The article examines how private law uses counterfactuals to determine whether a claimant has suffered loss and argues, as a general rule, that loss should be assessed by asking what would have happened without the wrong. This…

Loss’s Edge: One Step (Support) v Morris-Garner

15-8-25 / Benjamin Teng — Contract

Benjamin Teng authored this book chapter published in Private Law and the UK Supreme Court (edited by Jenny Russell and Lewis Graham). It concerns the United Kingdom Supreme Court decision in One Step v Morris-Garner Support Ltd, which examines why and when negotiating damages should be awarded, and is, at…

Beyond “But-For” Once More

1-7-25 / Benjamin Teng — Appellate, Insurance

Benjamin Teng co-authored this article with Hannah Williams published in Cambridge Law Journal. This article examines the “but for” test in assessing factual causation and the recent decisions of London International Exhibition Centre Plc v Allianz Insurance Plc [2024] EWCA Civ 1026 and Financial Conduct Authority v Arch Insurance (UK)…

The Comparative Dimension of Loss: Conceptualising Jamieson and Wyzenbeek

1-1-25 / Benjamin Teng

Benjamin Teng, ‘The Comparative Dimension of Loss: Conceptualising Jamieson and Wyzenbeek’ (Second Australian and New Zealand Tort and Compensation Symposium, University of Auckland, 2025)

New Currencies of Loss