But-For Test

Pronunciation: BUT-FOR TEST

Torts › Causation

Definition

Primary test for actual causation: but for the defendant's conduct, would plaintiff's harm have occurred? If answer is no, defendant's conduct is actual cause. Also called sine qua non test. Not met when harm would have occurred anyway regardless of defendant's conduct.

Related terms

• Actual Cause — The 'but for' causation requirement in negligence. Plaintiff must prove that but for the defendant's breach of duty,…
• Substantial Factor Test — Alternative causation test used when multiple forces combine to cause harm, each alone sufficient. Defendant's conduct must be…
• Proximate Cause — A limitation on liability requiring that the harm suffered must be within the scope of risk created by…

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