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)
How has the court considered the potential prejudicial effect of excluding or excluding evidence of abuse in a sexual assault case? (Yukon, Canada)
Can discoverability be a factor in granting summary judgment? (Yukon, Canada)
What is the procedure in which there have been no examinations for discoveries and no cross-examination on the affidavits? (Yukon, Canada)
What are the reasons why a trial judge rejected an appellant’s testimony? (Yukon, Canada)
When a party enters into a structure under a contract where the contract does not stipulate that it will be reasonably fit for the purpose for which it is intended, is the contract enforceable? (Yukon, Canada)
What is the test for obtaining evidence of when a judge made a decision? (Yukon, Canada)
What is solicitor-client privilege for each of the documents set out above? (Yukon, Canada)
