407.5 Legal Cause | Pdf Doc Docx | Florida_JI

 Florida Jury Instructions   Civil   407 Substantive Instructions - False Imprisonment 
407.5 Legal Cause | Pdf Doc Docx | Florida_JI

Last updated: 4/8/2013

407.5 Legal Cause

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Description

407.5 Legal Cause a. Legal cause generally: An unlawful and intentional restraint is a 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 unlawful and intentional restraint, 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] an unlawful and intentional restraint need not be the only cause. An unlawful and intentional restraint 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 unlawful and intentional restraint 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], the unlawful and intentional restraint need not be its only cause.] An unlawful and intentional restraint 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 unlawful and intentional restraint occurs if [such other cause was itself reasonably foreseeable and the unlawful and intentional restraint contributes substantially to producing such [loss] [injury] [or] [damage]] [or] [the resulting [loss] [injury] [or] [damage] was a reasonably foreseeable consequence of the unlawful and intentional restraint and the unlawful and intentional restraint 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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