Intervening Cause Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Intervening Cause, written in plain English, along with examples of how it is used.

What is Intervening Cause?

It refers to an action or event that occurs in between the defendants’ doing of the wrongful act and the effect of wrong done to the plaintiff. Such intervening cause can break the link between the crime commited by the defendant on the plaintiff. Such act or event that occurs can be used by the defendant as defense for his action and relieve himself from liability as much as possible. But, court can allow only those intervening cause as a link breaker, which cannot be foreseeable by the common man, particularly the plaintiff.

History and Meaning of Intervening Cause

Intervening cause is a legal term that refers to a factor that interrupts the causal connection between the defendant's wrongful act and the plaintiff's harm or loss. Intervening cause can be used as a defense by the defendant to reduce or avoid liability, but only if it is unforeseeable or not reasonably expected by the defendant at the time of the wrongful act. The law recognizes that not every harm suffered by a plaintiff is solely the fault of the defendant, and intervening cause is a way to determine who is responsible for the harm.

In legal history, the concept of intervening cause has been used in various contexts, such as tort law, criminal law, and contract law. It has been developed through case law and legal commentary to clarify the principles of causation and foreseeability in different types of disputes. The role of intervening cause in the legal system is to balance the interests of both the plaintiff and the defendant and determine the extent of liability in a particular case.

Examples of Intervening Cause

  1. In a car accident case, the defendant argues that the plaintiff's injuries were caused by an intervening cause of the plaintiff's own negligence in failing to wear a seat belt, rather than the defendant's negligence in running a red light.
  2. In a medical malpractice case, the defendant argues that the plaintiff's worsened condition was caused by an intervening cause of another doctor's negligence in prescribing the wrong medication, rather than the defendant's negligence in making a misdiagnosis.
  3. In a breach of contract case, the defendant argues that the plaintiff's loss of profits was caused by an intervening cause of an economic recession, rather than the defendant's breach of the contract.

Legal Terms Similar to Intervening Cause

  1. Proximate cause - The legal cause that is closest in time and space to the plaintiff's harm or loss, and which sets in motion the chain of events that lead to the harm.
  2. Superseding cause - An intervening cause that completely severs the causal connection between the defendant's wrongful act and the plaintiff's harm or loss, and is not foreseeable or preventable by the defendant.
  3. Contributory negligence - A defense that reduces the plaintiff's recovery by the degree to which the plaintiff's own negligence contributed to the harm or loss suffered.