MBE® Flashcard

DEFINE THE SUBSTANTIAL FACTOR TEST.

 

 

The substantial factor test is used instead of the “but for” test to establish actual causation where the conduct of two or more defendants results in injury to the plaintiff, and each individual defendant’s conduct, taken alone, would have been sufficient to directly cause the entire injury. Each defendant is a cause-in-fact of the plaintiff’s injury if the defendant was a substantial factor in causing the harm.

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