 Consider first the arena from which the test takes its name, which is from crimes or torts of risk creation. If the defendant is criminally charged with negligent homicide (or wrongful death in torts), for example, this test requires that the death of the victim be within the risk that made the actor’s action negligent. If it was negligent to drop a can of nitroglycerin because it might explode and kill the victim, but instead it kills him by cutting his toe and causing him to bleed to death, then the harm that happened (bleeding) was not within the risk of harm (explosion) that made it negligent to drop the can (American Law Institute 1934). Similarly, if the charge is manslaughter (for which consciousness of the risk is required in some jurisdictions), this test requires that the death of the victim be within the risk the awareness of which made the defendant’s action reckless.