Words / B / Law

but-for test

phrase

C2CEFR level
80/100Rarity: very rare
TechnicalRegister

The test for factual causation asking whether the harm would not have occurred but for the defendant's breach.

Applying the but-for test, the delay in diagnosis made no difference, so causation was not established.

Topic: Tort in Legal English

Rarity runs from 0 (a word everyone knows) to 100 (almost never seen outside specialist or literary writing). Level is the word's real difficulty on the CEFR scale, from A1 to C2.

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More law words: Tort