Sine qua non
without which not
Sine qua non is a Latin term denoting an indispensable condition. In law, it refers to an element without which a particular consequence would not have occurred.
Sine qua non literally means “without which not” and refers to a necessary condition for the occurrence of a consequence. In Dutch law, the term is used principally in the assessment of causation in liability law.
The sine qua non test constitutes the first step in establishing causation: the court examines whether the damage would not have occurred but for the act or event in question. This test is relevant because it determines whether liability can arise at all.
In practice, lawyers and judges frequently employ the term in conjunction with “conditio sine qua non” when substantiating claims for damages.
“The lawyer submitted that the breach of contract constituted a sine qua non for the damage suffered by the client.”
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