Substantial Factor Test

Pronunciation: sub-STAN-shul FAK-ter TEST

Torts › Causation

Definition

Alternative causation test used when multiple forces combine to cause harm, each alone sufficient. Defendant's conduct must be substantial factor in bringing about harm. Used when but-for test fails due to multiple sufficient causes. Avoids letting both defendants escape liability.

Related terms

• Actual Cause — The 'but for' causation requirement in negligence. Plaintiff must prove that but for the defendant's breach of duty,…
• But-For Test — Primary test for actual causation: but for the defendant's conduct, would plaintiff's harm have occurred? If answer is…
• Joint and Several Liability — A doctrine holding multiple defendants each liable for the full amount of plaintiff's damages when they act in…

Go deeper

2 worked examples, 4 exceptions, landmark cases, flashcards, issue spotting and the interactive mind map for Substantial Factor Test are available with a free account.

Create a free account — the whole Torts subject is free.