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CACI 433

What Is Intentional Tort Superseding Cause Law in California

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What is the Law in California for an Intentional Tort or Criminal Act Superseding Cause - California Civil Jury Instruction CACI 433

California Law

CA Civil Jury Instructions

CACI 433 - Intentional Tort or Criminal Act Superseding Cause

As of September 1, 2010

California Civil Jury Instruction CACI 433

433. Causation: Intentional Tort/Criminal Act as Superseding

Cause

[Name of defendant] claims that [he/she/it] is not responsible for

[name of plaintiff]’s harm because of the later [criminal/intentional]

conduct of [insert name of third party]. [Name of defendant] is not

responsible for [name of plaintiff]’s harm if [name of defendant]

proves both of the following:

1. That the [intentional/criminal] conduct of [name of third

party] happened after the conduct of [name of defendant];

and

2. That [name of defendant] did not know and could not have

reasonably foreseen that another person would be likely to

take advantage of the situation created by [name of

defendant]’s conduct to commit this type of act.

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