The action of the second motorist was a superseding cause and the first motorist was not liable to the patrolman. 33.1k Followers, 234 Following, 370 Posts - See Instagram photos and videos from Quizlet (@quizlet) âQuizlet is the easiest way to study, practice and master what youâre learning. Rptr. 125 (1976). Actual cause (also called "cause-in-fact") Legal cause (also called "proximate cause") In a personal injury lawsuit, you typically have to prove that the defendant was negligent.One of the key elements in a negligence claim is causation.. To put it simply, you need to show that your injuries were the result of the defendant's actions. Supervening Cause is an event that occurs after a party's improper or dangerous action and before the damage that could otherwise have been caused by the dangerous act, thereby breaking the chain of causation between the original act and the harm to the injured person. An intervening cause will generally absolve the tortfeasor of liability for the victim's injury only if the event is deemed a superseding cause.A superseding cause is an unforeseeable intervening cause. In tort law, an intervening cause is an event that occurs after a tortfeasor's initial act of negligence and causes injury/harm to a victim. A street vendor who attracted children by a sound device was liable to a child who was struck by anotherâs automobile while crossing the street. 6 October, 2015 - 09:41 . Available under Creative Commons-NonCommercial-ShareAlike 4.0 International License. More than 50 million students study for free with the Quizlet app each month! 3d 660, 130 Cal. In such a situation, it is said that the superseding act breaks the causal chain between the initial negligent act and the injury. Example of an Intervening Superseding Cause . superseding cause. superseding cause: n. the same as an "intervening cause," or "supervening cause," which is an event which occurs after the initial act leading to an accident, and substantially causes the accident. Review the example with Henry and Mary in Example of Legal Causation. A person who causes injury to another is not liable for a superseding cause when the superseding cause itself was not foreseeable. A superseding cause sufficient to become the proximate cause of the final result and relieve defendant of liability for his original negligence, arises only when an intervening force was unforeseeable and may be described, with the benefit of hindsight, as extraordinary. Create your own flashcards or choose from millions created by other students. Change the example so that Henry pulls out a knife and chases Mary out of the garage. An event that occurs after a party's improper or dangerous action and before the damage that could otherwise have been caused by the dangerous act, thereby breaking the chain of causation between the original act and the harm to the injured person. With the Quizlet flashcards app you can: - Get test-day ready wâ¦ Definition from Noloâs Plain-English Law Dictionary. App. n. the same as an "intervening cause" or "supervening cause," which is an event which occurs after the initial act leading to an accident and substantially causes the accident. Schrimscher v. Bryson, 58 Cal. intervening cause Primary tabs.
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