But-For
/ˈbʌt fɔːr/
Definitions
- (adj.) Describing a cause that is necessary for a particular effect to occur, meaning the effect would not happen without it.
The injury would not have occurred but-for the defendant’s negligence.
- (n.) A test used in tort law to establish factual causation by asking whether the harm would have occurred 'but for' the defendant’s conduct.
The court applied the but-for test to determine liability.
Related terms
Commentary
In legal drafting, 'but-for' is critical to establish factual cause and should be used carefully to avoid confusion with proximate cause concepts.
This glossary is for general informational and educational purposes only. Definitions are jurisdiction-agnostic but reflect terminology and concepts primarily drawn from English and American legal traditions. Nothing herein constitutes legal advice or creates a lawyer-client relationship. Users should consult qualified counsel for advice on specific matters or jurisdictions.