but-for test

but-for test

Collins dictionary of law. . 2001.


but-for test
One of several tests to determine a defendant's responsibility for the subject of a lawsuit or criminal proceeding. For example, the prosecutor may need to argue that: "But for the defendant's speeding, the car would not have gone out of control, and therefore the defendant is responsible." This is shorthand for whether the action was the "proximate cause" of the damage.
Category: Small Claims Court & Lawsuits

Nolo’s Plain-English Law Dictionary. . 2009.


but-for test
n. In criminal and tort law, the principle that causation exists only if the harm suffered by a party would not have happened in the absence of ("but for") the defendant's conduct.

Webster's New World Law Dictionary. . 2000.

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