Causa Proxima - Law Dictionary Search Results
Home Dictionary Name: causa proximaCausa proxima
Causa proxima, the same as causa causans. See In Jure Non Remota Causa Sed Proxima Spectatur....
In jure non remota causa, sed proxima spectatur
In jure non remota causa, sed proxima spectatur [Lat.], In law the proximate, and not the remote, cause is to be regarded.--Bacon, max., reg. 1.--(In law, the proximate, and not the remote, cause is regarded.) The maxim is chiefly applied to cases of marine insurance, as to which it was held by the House of Lords in Dudgeon v. Pembroke, (1877) 2 App Cas 284, that any loss caused by perils of the sea is within the policy though it would not have happened but for the concurrent action of some cause, as unseaworthi-ness, which is not within it.The maxim is also frequently applied to measure of damages, as to which see Hadley v. Baxendale, (1854) 9 Ex 341, where it was laid down that only such damages are recoverable for breach of contract as (1) arose naturally from the breach itself, or (2) might reasonably be supposed to have been in the contemplation of both contracting parties at the time of the contract as resulting from breach. See CAUSA CAUSANS and Broom's Leg. Max...
causa mortis
causa mortis [Latin mortis causa in contemplation of death] : made or done in contemplation of one's impending death [rejected his claim that the gift was causa mortis "W. M. McGovern, Jr. et al."] usually used following the term it modifies see also gift causa mortis at gift compare inter vivos ...
Nudum pactum est ubi nulla subest causa pr'ter conventionem; sed ubi subest causa, fit obligatio, et parit actionem
Nudum pactum est ubi nulla subest causa pr'ter conventionem; sed ubi subest causa, fit obligatio, et parit actionem. Plow. 309, (A naked contract is where there is no foundation for it except the agreement; but where there is a ground, it becomes an obligation, and gives a right of action.) Similarly, Nuda pactio obligationem non parit. Dig. 2, 14, 7, s. 4, (A naked promise does not be get an obligation); and ex nudo pacto non oritur actio. Noy's Max. 24, (An action does not arise from a bare promise.)-See CONSIDERATION; and Vanbergen v. St. Edmund's Properties Ltd., (1933) 2 KB 223....
causae
causae pl of causa ...
donatio mortis causa
donatio mortis causa [Latin, literally, gift in contemplation of death] : donation mortis causa at donation ...
lucri causa
lucri causa [New Latin, literally, for the sake of gain] : intent to obtain a gain [because lucri causa is required for larceny "W. R. LaFave and A. W. Scott, Jr."] ...
mortis causa
mortis causa : causa mortis ...
Causa mortis
Causa mortis (in case of death). See Donatio Mortis Causa....
Decreet cognitionis causa
Decreet cognitionis causa, when a creditor brings his action against the heir of his debtor in order to constitute the debt against him and attach the lands, and the heir appears and renounces the succession, the Court then pronounces a decree cognitionis causa, Bell's Scots Law Dict...
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