Example sentences of "[art] but for " in BNC.
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1 | The starting point for assessing whether the defendant 's breach of duty is a factual cause of the plaintiff 's damage is the but for test . |
2 | In most cases the but for test presents no difficulties . |
3 | The but for test also presents problems where the breach of duty consists of an omission to act . |
4 | Where the plaintiff 's damage is the result of more than one cause , the but for test does not appear to provide an answer to causation problems . |
5 | An application of the but for test will mean that neither A nor B will be liable . |
6 | Where the causes are successive and the second defendant 's breach of duty has caused the same damage as that of the first defendant , the but for test will exonerate the second defendant . |
7 | But the House of Lords refused to apply the but for test . |
8 | The House of Lords applied the but for test to restrict the defendant 's liability for loss of earnings to the period before the onset of the disease . |
9 | The defendant 's breach of duty may be a cause of the plaintiff 's damage in the sense that it satisfies the but for test , but some other factual cause , intervening after the breach , may be regarded as the sole cause of some , or all , of the plaintiff 's damage . |
10 | Factual causation based on the but for test is established . |
11 | The first test that must be passed is the but for test for factual causation . |