Define: Intervening Cause

An intervening cause refers to an event or action that occurs after the defendant’s initial act, which contributes to the harm or injury suffered by the plaintiff. It breaks the chain of causation between the defendant’s actions and the plaintiff’s harm.

An intervening cause can impact liability by either absolving the defendant of responsibility or reducing their liability. If the intervening cause is deemed a superseding cause, it may relieve the defendant of liability. However, if the intervening cause is foreseeable or related to the defendant’s actions, it may only reduce their liability.

A superseding cause is an unforeseeable event or action that completely breaks the chain of causation, relieving the defendant of liability. On the other hand, a foreseeable intervening cause is an event or action that is reasonably anticipated based on the defendant’s actions, and it may only reduce their liability.

Yes, if the intervening cause is deemed a superseding cause, it can completely absolve the defendant of liability. However, this determination is made on a case-by-case basis, considering factors such as foreseeability and the extent of the defendant’s initial act.

Examples of intervening causes include the negligence of a third party, an act of nature, the plaintiff’s own negligence, or a criminal act. These events or actions can break the chain of causation and impact liability.

To prove that an intervening cause was a superseding cause, the defendant must demonstrate that the event or action was unforeseeable and not reasonably related to their initial act. They may need to provide evidence showing that the intervening cause was the sole cause of the plaintiff’s harm.

No, an intervening cause cannot increase a defendant’s liability. It can only reduce or absolve their liability if it is deemed a superseding cause.

Foreseeability is a crucial factor in determining the impact of an intervening cause. If the intervening cause was reasonably foreseeable based on the defendant’s actions, it may only reduce their liability. However, if it was unforeseeable, it may be considered a superseding cause and absolve the defendant of liability.

Yes, an intervening cause can be used as a defence in a legal case. If the defendant can prove that the harm suffered by the plaintiff was caused solely by the intervening cause, they may be relieved of liability.

The concept of intervening cause applies in various areas of law, including tort law, criminal law, and contract law. It helps determine the extent of liability and causation in different legal scenarios.