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Why Do Courts Often Use the Substantial Factor Test Rather

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Why do courts often use the substantial factor test rather than the but-for test in toxic tort cases?


Definitions:

Bearer Instrument

A financial document not assigned to a specific holder, thus whoever holds the document has the right to cash or transfer it.

Order Instrument

A financial instrument that is payable to a specific person or their order, thus requiring endorsement for transfer.

Bearer Instrument

A negotiable financial instrument, such as a check or bond, that entitles the holder in possession to the rights of the instrument, with no need to prove ownership.

Assignee

The party who receives rights or interests in a contract from the assignor.

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