MODEL PENAL CODE ANNOTATED

 
 
RESTATEMENT OF THE LAW, SECOND, TORTS

Copyright 1965, American Law Institute

RULES AND PRINCIPLES
Division One - Intentional Harms to Persons, Land, and Chattels
Chapter 1 - Meaning of Terms Used Throughout the Restatement of Torts


§ 9 LEGAL CAUSE

 The words "legal cause" are used throughout the Restatement of this Subject to denote the fact that the causal sequence by which the actor's tortious conduct has resulted in an invasion of some legally protected interest of another is such that the law holds the actor responsible for such harm unless there is some defense to liability.
 
 

COMMENTS & ILLUSTRATIONS:  Comment:

a.  To become liable to another under the principles of the law of Torts, an actor's conduct must not only be tortious in character but it must also be a legal cause of the invasion of another's interest. If the actor has engaged in conduct which is tortious in character, he thereby subjects himself to liability as that phrase is defined in § 5. In order that the actor become liable to another, it is necessary, among other things, that his conduct be the legal cause of the invasion of the other's interest as the phrase "legal cause" is defined in this Section.

b.  In order that a particular act or omission may be the legal cause of an invasion of another's interest, the act or omission must be a substantial factor in bringing about the harm, and there must be no principle or rule of law which restricts the actor's liability because of the manner in which the act or omission operates to bring about such invasion. The principles and rules which determine whether a particular act or omission is the legal cause of a particular result are stated in §§ 430-453 and § 870.
 
 

REPORTERS NOTES:  This Section has been changed from the first Restatement by adding the final words, "unless there is some defense to liability."