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 article further contends that although the law sometime departs from this rule, these are normatively justified exceptions and not alternative conceptions of loss.
The article can be read by clicking here
