The 'but for' test

The claimant must be able to prove that harm would not have occurred ‘but for’ the negligence of the defendant.

The courts use the 'but for' test to decide that 'but for' the action of the defendant the harm would not have occured.

This is not always straightforward, for instance we can not say 'but for' the rain that day the accident would not have happened.  The courts require a more stringent test to sustain charge and need to establish that 'but for' the 'negligence of the defendant' the harm would not have occured.

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