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To what difficulties had the use of a 'but-for' test of factual causation in the law of tort given rise? Have the courts resolved these difficulties in a satisfactory manner?
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Tort Essay 2 Neda Eslamian To what difficulties had the use of a 'but-for' test of factual causation in the law of tort given rise? Have the courts resolved these difficulties in a satisfactory manner? Introduction The purpose of the but-for test is to prove, as a matter of fact, that D's action was a cause of the damage. In order to establish this we must ask; 'but-for' D's negligence, would the damage have occurred anyway? The methodology behind it is the use of a balance of probabilities i.e. if the chance of the damage occurring anyway was over 50%, then there is no right to compensation. The simplicity of this test is not only an asset but also a fault. In certain situations complications arise. Often we are not so sure who is to blame for the damage, or whether the role that they played was a substantial factor in the resulting consequences....
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