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But-For Test

A test generally used to determine actual causation in civil and criminal cases. But-for causation is a hypothetical construct. In determining whether a particular factor was a but-for cause of a given event, the court/jury begins by assuming that that factor was present at the time of the event, and then asks whether, even if that factor had been absent, the event nevertheless would have transpired in the same way.

 

 

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