- : of or relating to the necessary cause (as a negligent act) without which a particular result (as damage) would not have occurred. a but-for test of causation. compare substantial factor.
How is the but for test applied?
The long accepted test of factual causation is the 'but-for' test.
One asks whether the claimant's harm would have occurred in any event without, (that is but-for) the defendant's conduct.
If it would, that conduct is not the cause of the harm.
The question is entirely one of fact.Feb 24, 2020.
What does but for mean in legal terms?
: of or relating to the necessary cause (as a negligent act) without which a particular result (as damage) would not have occurred. a but-for test of causation. compare substantial factor..
What is an example of a but for test case?
What are some examples of the "but for" test cases? Some examples of but for test cases include Barnett v.
Chelsea & Kensington Hospital, where a man died from arsenic poisoning but the doctor failed to diagnose it, and Cork v..
What is the but for test used for in law?
The but-for test is a test commonly used in both tort law and criminal law to determine actual causation.
The test asks, "but for the existence of X, would Y have occurred?" In tort law, but-for causation is a prerequisite to liability in combination with proximate cause..
What is the difference between but for and proximate cause?
Since but-for causation is very easy to show (but for stopping to tie your shoe, you would not have missed the train and would not have been mugged), a second test is used to determine if an action is close enough to a harm in a "chain of events" to be legally valid.
This test is called proximate cause..
What is the law of causation?
: a principle in philosophy: every change in nature is produced by some cause..
- The "but-for" test is a common legal and factual causation test used to determine whether the defendant's conduct caused the plaintiff's harm.
It asks whether, but for the defendant's conduct, the plaintiff's harm would have occurred.Mar 13, 2023
