409.6 Legal Cause | Pdf Doc Docx | Florida_JI

 Florida Jury Instructions   Civil   409 Substantive Instructions - Misrepresentation 
409.6 Legal Cause | Pdf Doc Docx | Florida_JI

Last updated: 4/8/2013

409.6 Legal Cause

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Description

409.6 Legal Cause [a. Legal cause generally:] Misrepresentation of a material fact is a legal cause of [loss] [injury] [or] [damage] if it directly and in natural and continuous sequence produces or contributes substantially to producing such [loss] [injury] [or] [damage], so that it can reasonably be said that, but for the misrepresentation, the [loss] [injury] [or] [damage] would not have occurred. [b. Concurring cause:] In order to be regarded as a legal cause of [loss] [injury] [or] [damage] misrepresentation of a material fact need not be the only cause. Misrepresentation of a material fact may be a legal cause of [loss] [injury] [or] [damage] even though it operates in combination with [the act of another] [some natural cause] [or] [some other cause] if the misrepresentation contributes substantially to producing such [loss] [injury] [or] [damage]. [c. Intervening cause:] [*In order to be regarded as a legal cause of [loss] [injury] [or] [damage], misrepresentation of a material fact need not be its only cause.] Misrepresentation of a material fact may also be a legal cause of [loss] [injury] [or] [damage] even though it operates in combination with [the act of another] [some natural cause] [or] [some other cause] occurring after the misrepresentation occurs if [such other cause was itself reasonably foreseeable and the misrepresentation contributes substantially to producing such [loss] [injury] [or] [damage]] [or] [the resulting [loss] [injury] [or] [damage] was a reasonably foreseeable consequence of the misrepresentation and the misrepresentation contributes substantially to producing it]. [*Do not use the bracketed first sentence if this instruction is preceded by the instruction on concurring cause.]

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