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.

Look at other dictionaries:

  • But for test — Test used in determining tort liability by applying the causative criterion as to whether the plaintiff would not have suffered the wrong but for the action of the defendant. Today, largely discredited as a test because of the many modifications… …   Black's law dictionary

  • but-for test — Test used in determining tort liability by applying the causative criterion as to whether the plaintiff would not have suffered the wrong but for the action of the defendant. Today, largely discredited as a test because of the many modifications… …   Black's law dictionary

  • But for test — Test used in determining tort liability by applying the causative criterion as to whether the plaintiff would not have suffered the wrong but for the action of the defendant. Today, largely discredited as a test because of the many modifications… …   Black's law dictionary

  • but-for test — Test used in determining tort liability by applying the causative criterion as to whether the plaintiff would not have suffered the wrong but for the action of the defendant. Today, largely discredited as a test because of the many modifications… …   Black's law dictionary

  • but for test — n. In tort law, a test used to decide whether an individual is responsible for something; the court asks whether the event would have occurred without, or “but for,” the defendant’s action; not commonly used today because of the difficulty in… …   Law dictionary

  • but–for — adj: 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 Merriam Webster’s Dictionary of Law. Merriam Webster.… …   Law dictionary

  • But for rule — In the law of negligence, a principle that provides that the defendant s conduct is not the cause of an injury to the plaintiff, unless that injury would not have occurred except for ( but for ) the defendant s conduct. Dictionary from West s… …   Law dictionary

  • But for rule — In the law of negligence, a principle that provides that the defendant s conduct is not the cause of an injury to the plaintiff, unless that injury would not have occurred except for ( but for ) the defendant s conduct. Dictionary from West s… …   Law dictionary

  • but for — 1. preposition Except, except for, not counting; were it not for. She had a woman to take care of her called Mrs Poole an able woman in her line, and very trustworthy, but for one fault a fault common to a deal of them nurses and matrons she kept …   Wiktionary

  • Test pilot — Test pilots are aviators who fly new and modified aircraft in specific maneuvers, allowing the results to be measured and the design to be evaluated. Test pilots may work for military organizations or private, (mostly aerospace) companies.… …   Wikipedia

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