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UT · jury_instructions

MUJI 2d CV210

Superseding cause.

activein force · 2026-08-21 – presentas-observed

[Name of defendant] claims that [he] is not liable for [name of plaintiff]'s harm because of the later fault of [name of third party]. To avoid liability for the harm, [name of defendant] must prove all of the following:

(1) that [name of third party]'s conduct occurred after [name of defendant]'s conduct;

(2) that a reasonable person would consider [name of third party]'s conduct extraordinary;

(3) that [name of defendant] could not foresee that [name of third party] would act in

[Alternative A: an intentional]

[Alternative B: a negligent]

manner; and

(4) that the harm resulting from [name of third party]'s conduct was different from the kind of harm that could have been reasonably expected from [name of defendant]'s conduct.

Provenance

Source
legacy.utcourts.gov
Retrieved
2026-08-22
Edition
2026-08-21
Content hash
31446bf379d49c055ae197d1bdeefbf96355aa5d8a8e0dc2072ec39bd48d1eaa
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