What is the “but for” test in motor vehicle accident law?
Yukon, Canada
The following excerpt is from Fuller v. Schaff et al, 2009 YKSC 23 (CanLII):
The "but for" test recognizes that compensation for negligent conduct should only be made "where a substantial connection between the injury and defendant's conduct" is present. It ensures that a defendant will not be held liable for the plaintiff's injuries where they "may very well be due to factors unconnected to the defendant and not the fault of anyone": Snell v. Farrell, at p. 327, per Sopinka J.”
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the standard of care imposed on the driver of a bus driver in a motor vehicle accident? (Yukon, Canada)
Is a plaintiff entitled to compensation for the impairment he sustained in a motor vehicle accident? (Yukon, Canada)
Can a claim in negligent entrustment be established against a person who supplies an item, here a motor vehicle, to another person who the supplier knows or ought to know? (Yukon, Canada)
What is the difference between negligence and trespass? (Yukon, Canada)
What is the test for a motion to vary access to a child by a third party? (Yukon, Canada)
What is the test for disclosing personal information about Scientology? (Yukon, Canada)
Is there a separate action for loss of property based on conversion of a trailer without lawful justification? (Yukon, Canada)
What is the difference between a renewal application and an application for renewal being made on the same date? (Yukon, Canada)
What is the standard of review for a finding of mixed fact and law? (Yukon, Canada)
Can a third party in possession of a police report be considered to be a party to a witness report? (Yukon, Canada)
