Define: But For Rule

The “but for” rule is a legal principle used to determine causation in tort law. According to this rule, a defendant’s conduct is deemed to be the cause of harm or injury if the harm would not have occurred “but for” the defendant’s actions. In other words, if the harm would not have happened but for the defendant’s negligent or wrongful conduct, then the defendant is considered to be the cause of the harm.

The “but for” rule is often applied in cases where there may be multiple factors contributing to an injury or event. It helps courts assess whether the defendant’s actions were a substantial factor in bringing about the harm, and if so, holds the defendant liable for damages. However, in some cases where there are multiple causes contributing to the harm, courts may use alternative tests, such as the “substantial factor” test, to determine causation. Nonetheless, the “but for” rule remains a fundamental principle in establishing causation in tort law.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March, 2024.