LAW 5151 Lecture Notes - Lecture 4: John Forrest Dillon, Child Abduction, Walmart

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23 Feb 2017
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Superseding causation: derdiarian (315); barry (319); hypo 39; watson (325). superseding cause- when it is third party- not about comparative fault. Posecai- superseding cause of criminal party. when they run together- p"s own misconduct. An intervening act that breaks the causal connection between the defendant"s breach and the plaintiff"s injury; if the act of the third party was intentional then the defendant is not liable because, the defendant could not have foreseen that. So in a sense, you don"t even have to use superseding cause and instead. Rule: where acts of a third person intervene between the defendant"s negligence and the plaintiff"s injury, the causal connection is not automatically severed. In such a case, liability turns upon whether the intervening act is a normal or foreseeable consequence of the situation created by the defendant"s negligence. If the intervening cause is extraordinary or unforeseeable, then it becomes a superseding cause and the defendant is not liable for harm.

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