But-For Test

/ˌbʌtˈfɔr tɛst/

Definitions

  1. (n.) A legal standard used to determine causation, asking whether the harm would not have occurred 'but for' the defendant's conduct.
    The court applied the but-for test to assess causation in the negligence claim.

Commentary

The but-for test is foundational in tort law for establishing factual causation and can be inadequate alone in cases involving multiple causes, where other tests like the substantial factor test are employed.

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.

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Amicus Docs | But-For Test Definition