What is the term for a separate occurrence that may decrease a defendant's liability?

Study for the South Carolina Property, Casualty, Surety, Marine Exam. Prepare with flashcards and multiple choice questions, each question includes hints and explanations. Ace your exam!

Multiple Choice

What is the term for a separate occurrence that may decrease a defendant's liability?

Explanation:
The term referring to a separate occurrence that may decrease a defendant's liability is known as an intervening cause. An intervening cause is an event that happens after the defendant’s initial act but before the plaintiff's injury, which can break the chain of causation. This means that if the intervening cause is deemed to be the primary cause of the injury, the defendant may not be held fully responsible, or their level of liability may be reduced accordingly. For example, if a defendant negligently causes a situation but then an unexpected event occurs (like a natural disaster) that primarily leads to the plaintiff's injury, this event may mitigate the defendant's liability. Understanding this concept is critical in determining the extent of responsibility attributed to various parties in a negligence claim.

The term referring to a separate occurrence that may decrease a defendant's liability is known as an intervening cause. An intervening cause is an event that happens after the defendant’s initial act but before the plaintiff's injury, which can break the chain of causation. This means that if the intervening cause is deemed to be the primary cause of the injury, the defendant may not be held fully responsible, or their level of liability may be reduced accordingly.

For example, if a defendant negligently causes a situation but then an unexpected event occurs (like a natural disaster) that primarily leads to the plaintiff's injury, this event may mitigate the defendant's liability. Understanding this concept is critical in determining the extent of responsibility attributed to various parties in a negligence claim.

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