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 threshold condition must be met to vary a custody order? (Yukon, Canada)
When will a set-off be set off in a family proceeding? (Yukon, Canada)
How have the courts interpreted the constructive trust remedy in a family law case? (Yukon, Canada)
Does a party have the power to treat a statement in the particulars as a fact alleged in the pleading? (Yukon, Canada)
What is the test for an application to challenge for cause? (Yukon, Canada)
What is the test for express malice in the context of privileged privilege? (Yukon, Canada)
What is the test for the interpretation of a clause in a commercial contract where the contract states that the contract does not contain any specific terms? (Yukon, Canada)
