Causation is heavily tested on the MBE. One of the most common trouble spots is the distinction between an intervening cause and a superseding cause.
Understanding that difference can determine whether liability continues or is cut off.
Start with Proximate Cause
After establishing actual cause, you must determine whether the defendant is the proximate cause of the plaintiff’s injury. Proximate cause limits liability to harms that are reasonably foreseeable.
This is where intervening and superseding causes matter.
What Is an Intervening Cause?
An intervening cause is an event that occurs after the defendant’s negligent act and contributes to the plaintiff’s injury.
An intervening cause does not automatically relieve the defendant of liability.
If the intervening act was foreseeable, the original defendant is usually still liable. Common foreseeable intervening acts include:
- Negligent medical treatment
- Rescue efforts
- Ordinary negligence by third parties
If it is foreseeable, the chain of causation typically remains intact.
What Makes a Cause Superseding?
A superseding cause is an intervening act that is so unexpected or extraordinary that it breaks the chain of proximate causation.
When a cause is superseding, the original defendant is no longer liable because the later act becomes the legal cause of the harm.
Unforeseeable criminal acts or highly unusual events are more likely to qualify.
How to Analyze on the Exam
When multiple events contribute to an injury:
- Identify the defendant’s negligent act.
- Determine whether a later event occurred.
- Ask whether that event was reasonably foreseeable.
If foreseeable, liability likely continues.
If not foreseeable and extraordinary, it may be superseding.
How BARBRI Helps You Master This
At BARBRI, causation is taught as a structured, step by step analysis. Through focused lectures, targeted practice questions, and detailed answer explanations, you learn not just the rule but how to apply it under exam conditions.
Repeated exposure to MBE style questions helps you recognize common causation patterns, avoid common traps, and approach these issues with confidence on test day.
The Bottom Line
Intervening causes do not automatically cut off liability. Only superseding causes do.
On the MBE, focus on foreseeability. If the later event is a normal or predictable response to the defendant’s conduct, proximate cause is usually satisfied.
Prepare with BARBRI Bar Review to fully understand intervening and superseding causes—and other frequently tested Torts principles—so you can analyze causation clearly and answer with confidence on exam day.
Interested in reading more? Fill out the form to read the full article.