Write a scenario where a defendant would NOT be considered legally responsible for a victim’s injury or death that results from a coincidental intervening act. Be sure to indicate the factual cause and the proximate cause. Now write a scenario where the defendant would be held legally liable for a coincidental intervening act. Why would the defendant be held liable in the second scenario?
What will be an ideal response?
Liability would depend on whether the coincidental intervening act is foreseeable or unforeseeable. Foreseeable coincidental intervening causes such as lightning during a thunderstorm would hold a defendant liable. On the other hand, unforeseeable coincidental intervening causes such as lightning during a clear night would not hold a defendant liable.
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Answer the following statement true (T) or false (F)
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Fill in the blank(s) with the appropriate word(s).
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a. true b. false Indicate whether the statement is true or false