MBE Rules · Torts
Proximate cause
The rule
Liability limited to harms that are the foreseeable consequence of defendant's conduct. Intervening causes that are foreseeable (rescuers, subsequent medical malpractice, normal weather) do NOT cut off liability; unforeseeable superseding causes (criminal acts, extraordinary natural events) DO cut off liability.
In plain English
You're only responsible for harm that you could reasonably predict your actions might cause. If something unexpected happens that causes more harm, you might not be liable.
Worked example
A driver runs a red light and hits a pedestrian. The pedestrian is then hit by a falling tree branch. The driver is liable for the initial injury but not for the injuries from the branch, as it was an unforeseeable event.
Memory hook
Foreseeable Follows, Freaky Frees. Liability sticks if harm's predictable; breaks if bizarre.
The trap
Students think: any intervening cause breaks the chain. Wrong, because foreseeability matters. The actual test is whether the intervening cause was foreseeable.
How examiners test it
The MBE loves: chain of events leading to harm, with an intervening act. Trap: assuming all intervening acts cut off liability. Focus on whether the act was foreseeable to determine liability.
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