Ace the Torts Bar Challenge 2026 – Unleash Your Legal Eagle Wings!

A defendant can be held liable despite an intervening cause when the intervening cause is foreseeable. Foreseeability is a key concept in tort law, particularly when it comes to determining liability. If an intervening cause is something that a reasonable person could predict could occur as a result of the defendant's actions, then the defendant may still be held liable. This aligns with the principle that a defendant's responsibility extends to foreseeable consequences of their actions.

In tort law, if a certain action (or negligence) creates a hazard or risk that leads to subsequent actions or causes — even if those actions are not directly the defendant's fault — the defendant can still be liable if that subsequent action was foreseeable. This means that even if another act occurs after the defendant's negligence, the defendant might still bear responsibility if it can be shown that the scenario was likely to occur.

In the choice regarding intentional torts, liability may indeed apply in situations involving an intentional tort, but this is a narrower application and does not cover the broader understanding of intervening causes and foreseeability. Thus, foreseeability of the intervening cause is a more encompassing and well-established principle in tort law for holding a defendant liable.