TERMIUM Plus®

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BUT-FOR TEST [1 record]

Record 1 2015-10-29

English

Subject field(s)
  • PAJLO
  • Tort Law (common law)
CONT

The most commonly employed technique for determining causation-in-fact is the "but for" test, sometimes called the sine qua non test. It works like this: if the accident would not have occurred but for the defendant's negligence, then his conduct is a cause of the injury. Put another way, if the accident would have occurred just the same, whether or not the defendant acted, then his conduct is not a cause of the loss. Thus the act of the defendant must have made a difference. If his conduct had nothing to do with the loss, he escapes liability.

French

Domaine(s)
  • PAJLO
  • Droit des délits (common law)
OBS

critère du sine qua non : terme normalisé par le Comité de normalisation, Promotion de l'accès à la justice dans le deux langues officielles (PAJLO).

Spanish

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