Docsity
Docsity

Prepare for your exams
Prepare for your exams

Study with the several resources on Docsity


Earn points to download
Earn points to download

Earn points by helping other students or get them with a premium plan


Guidelines and tips
Guidelines and tips

Understanding Proximate Cause and Intervening Causes in Tort Law, Exercises of Judicial Systems

A legal charge on proximate cause, explaining the concept of intervening causes that may destroy the causal connection between a defendant's negligence and an accident or injury. It discusses the conditions for an intervening cause to be considered an independent act that completely supersedes the defendant's negligence, and the implications for liability.

Typology: Exercises

2021/2022

Uploaded on 09/27/2022

juanin
juanin 🇬🇧

4.7

(12)

259 documents

1 / 3

Toggle sidebar

This page cannot be seen from the preview

Don't miss anything!

bg1
CHARGE 6.14 — PAGE 1 OF 3
6.14 PROXIMATE CAUSE WHERE THERE IS CLAIM OF
INTERVENING OR SUPERSEDING CAUSE FOR JURY’S
CONSIDERATION (Approved 08/1999; Revised 09/2021)
NOTE TO JUDGE
This charge should be given in conjunction with Model Civil Charge
6.12 or 6.13 where there is also a jury question as to whether an
intervening or superseding cause brought about the injury or harm.
In this case, [name of defendant or other party] claims that the
accident/incident/event or plaintiff’s injury/loss/harm was caused by an independent
intervening cause and, therefore, that [name of defendant or other party] was not a
contributing factor to the accident/incident/event or injury/loss/harm.
An intervening cause is the act of an independent agency that destroys the
causal connection between the defendant’s [or other party’s] negligence and the
accident/incident/event or injury/loss/harm. To be an intervening cause, the
independent act must be the immediate and sole cause of the accident/incident/event
or injury/loss/harm. The intervening cause must be one that so completely
supersedes the operation of [name of defendant or other party]’s negligence that
you find that the intervening event caused the accident/incident/event or
injury/loss/harm, without [name of defendant or other party]’s negligence
pf3

Partial preview of the text

Download Understanding Proximate Cause and Intervening Causes in Tort Law and more Exercises Judicial Systems in PDF only on Docsity!

6.14 PROXIMATE CAUSE — WHERE THERE IS CLAIM OF

INTERVENING OR SUPERSEDING CAUSE FOR JURY’S

CONSIDERATION (Approved 08/1999; Revised 09/2021) NOTE TO JUDGE This charge should be given in conjunction with Model Civil Charge 6.12 or 6.13 where there is also a jury question as to whether an intervening or superseding cause brought about the injury or harm. In this case, [name of defendant or other party] claims that the accident/incident/event or plaintiff’s injury/loss/harm was caused by an independent intervening cause and, therefore, that [name of defendant or other party] was not a contributing factor to the accident/incident/event or injury/loss/harm. An intervening cause is the act of an independent agency that destroys the causal connection between the defendant’s [or other party’s] negligence and the accident/incident/event or injury/loss/harm. To be an intervening cause, the independent act must be the immediate and sole cause of the accident/incident/event or injury/loss/harm. The intervening cause must be one that so completely supersedes the operation of [name of defendant or other party]’s negligence that you find that the intervening event caused the accident/incident/event or injury/loss/harm, without [name of defendant or other party]’s negligence

contributing to it in any material way.^1 In that case liability will not be established because [name of defendant or other party]’s negligence is not a proximate cause of the accident/incident/event or injury/loss/harm. However, [name of defendant or other party] would not be relieved from liability for negligence by the intervention of acts of third persons, if those acts were reasonably foreseeable. By that I mean, that the causal connection between [name of defendant or other party]’s negligence and the accident/incident/event or injury/loss/harm is not broken if the intervening cause is one that might, in the natural and ordinary course of things, be anticipated as not entirely improbable.^2 Where the intervention of third parties is reasonably foreseeable, then there still may be a causal connection between the defendant’s [or other party’s] negligence and the accident/incident/event or injury/loss/harm. The fact that there were intervening causes that were foreseeable or that were normal incidents of the risk created does not relieve the defendant of liability.^3

(^12) Davis v. Brooks, 280 N.J. Super. 406, 412 (App. Div. 1993). court’s grant of summary judgment in favor of a bus company on the basis that it was not Id.^ See also^ S.H. v. K & H Transp., Inc. , 465^ N.J. Super.^ 201 (App. Div. 2020) (reversing a trial foreseeable that its negligence in failing to drop a mentally disabled teenage girl at her mother’shome as instructed would result in the girl being sexually assaulted). (^3) Rappaport v. Nichols, 31 N.J. 188, 203 (1959); Cruz-Mendez v. ISU, 156 N.J. 556 (1999).