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substantial factor test

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substantial factor test
Forensic medicine A test used to prove proximate cause in alleged negligence, when independent events are linked to harm Issue Was defendant's negligent act a substantial factor in causing the alleged harm. Cf 'But for' test, Negligence, Proximate cause.


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40) After concluding that leaving the plaintiff without a remedy would be unfair, the court approved the lower court's use of a substantial factor test of causation and held the defendant liable for the entire loss.
Like foreseeability, however, the substantial factor test can easily be misapplied.
 
 
 
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