MBE Rules · Torts
Superseding Causes
Intervening and superseding causes
The rule
Foreseeable intervening forces (negligent rescue, medical malpractice, ordinary criminal acts where risk created) do not cut off liability; unforeseeable, extraordinary intervening forces supersede and relieve the original tortfeasor.
In plain English
A superseding cause is an unforeseeable event that interrupts the chain of causation from the original tortfeasor's actions, relieving them of liability. If the intervening event is foreseeable, the original tortfeasor remains liable for the consequences of their actions.
Worked example
A driver runs a red light and hits a pedestrian. While the pedestrian is recovering in the hospital, a nurse accidentally administers the wrong medication, causing serious harm. The nurse's malpractice is an unforeseeable intervening cause that supersedes the driver's liability for the pedestrian's injuries.
Memory hook
Unforeseen events can cut the chain of liability!
The trap
Exams often present scenarios with multiple intervening events, leading students to misidentify which are foreseeable and which are not. Students may confuse ordinary negligence with extraordinary circumstances.
How examiners test it
Questions typically involve a sequence of events where students must determine if an intervening force is foreseeable or extraordinary, impacting the original tortfeasor's liability.
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