intervening cause

intervening cause
A cause which supersedes a prior wrong as the proximate cause of an injury by breaking the sequence between the prior wrong and the injury. Mahoney v Beatman, 110 Conn 184, 146 A 762, 66 ALR 1121. The test of the sufficiency of an intervening cause to defeat recovery for negligence is not to be found in the mere fact of its existence, but rather in its nature and the manner in which it affects the continuity of operation of the primary cause, or the connection between it and the injury. Sandel v State, 115 SC 168, 104 SE 567, 13 ALR 1268, ovrld on other grounds Sirrine v State, 132 SC 241, 253, 128 SE 172. See efficient intervening cause.

Ballentine's law dictionary. . 1998.

Игры ⚽ Поможем сделать НИР

Look at other dictionaries:

  • intervening cause — see cause 1 Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. intervening cause n …   Law dictionary

  • intervening cause — In tort law, as will relieve of liability for an injury, is an independent cause which intervenes between the original wrongful act or omission and the injury, turns aside the natural sequence of events, and produces a result which would not… …   Black's law dictionary

  • intervening cause — In tort law, as will relieve of liability for an injury, is an independent cause which intervenes between the original wrongful act or omission and the injury, turns aside the natural sequence of events, and produces a result which would not… …   Black's law dictionary

  • Intervening cause — An intervening cause is a potential defense to the tort of negligence, if it is an unforeseeable, and therefore superseding intervening cause, rather than a foreseeable intervening cause.For example, if a defendant had carelessly spilled gasoline …   Wikipedia

  • efficient intervening cause — see cause 1 Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • dependent intervening cause — n. In common law, something that happens in between a defendant’s action and its result that occurs as a normal and predictable response to the defendant’s action; usually a dependent intervening cause does not break the chain of causation and… …   Law dictionary

  • independent intervening cause — A conclusory label used by the common law to refer to a cause that intervenes between the defendant s behavior and a given result such that it is regarded as unfair to hold the defendant responsible for the result. See also intervening cause …   Black's law dictionary

  • independent intervening cause — A conclusory label used by the common law to refer to a cause that intervenes between the defendant s behavior and a given result such that it is regarded as unfair to hold the defendant responsible for the result. See also intervening cause …   Black's law dictionary

  • cause — 1 n 1: something that brings about an effect or result the negligent act which was the cause of the plaintiff s injury ◇ The cause of an injury must be proven in both tort and criminal cases. actual cause: cause in fact in this entry but–for… …   Law dictionary

  • efficient intervening cause — An intervening efficient cause is a new and independent force, which breaks the causal connection between the original wrong and the injury, and is the proximate and immediate cause of the injury. Thus, the original negligent actor is not liable… …   Black's law dictionary

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”