Last updated: 4/8/2013
404.6 Legal Cause
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Description
404.6 Legal Cause a. Legal cause generally: Bad faith conduct is a legal cause of [loss] [damage] [or] [harm] if it directly and in natural and continuous sequence produces or contributes substantially to producing such [loss] [damage] [or] [harm], so that it can reasonably be said that, but for the bad faith conduct, the [loss] [damage] [or] [harm] would not have occurred. b. Concurring cause: In order to be regarded as a legal cause of [loss] [damage] [or] [harm] bad faith conduct need not be the only cause. Bad faith conduct may be a legal cause of [loss] [damage] [or] [harm] even though it operates in combination with [the act of another] [some natural cause] [or] [some other cause] if the bad faith conduct contributes substantially to producing such [loss] [damage] [or] [harm]. c. Intervening cause: [*In order to be regarded as a legal cause of [loss] [damage] [or] [harm], bad faith conduct need not be its only cause.] Bad faith conduct may also be a legal cause of [loss] [damage] [or] [harm] even though it operates in combination with [the act of another] [some natural cause] [or] [some other cause] occurring after the bad faith conduct occurs if [such other cause was itself reasonably foreseeable and the bad faith conduct contributes substantially to producing such [loss] [damage] [or] [harm] [or] [the resulting [loss] [damage] [or] [harm] was a reasonably foreseeable consequence of the bad faith conduct and the bad faith conduct contributes substantially to producing it]. [*Do not use the bracketed first sentence if this instruction is preceded by the instruction on concurring cause.]