Causa Causans - Law Dictionary Search Results

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Causa causans

Causa causans, the immediate cause; the last link in the chain of causation. Not the cause of which the proximate cause is an effect but the nearest cause of the damage or effect for which relief is sought, see Reischer v. Borwick, 1894, QB 548; Dudgeon v. Pembroke, (1874) 2 AC 284. See Cullerne v. London, etc.Building Society, (1890) 25 QBD 485....

Causa 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...

Proximate cause

Proximate cause. See CAUSA CAUSANS....

Remoteness

Remoteness, want of close connection between a wrong and the injury, as cause and effect, whereby the party injured cannot claim compensation from the wrongdoer. Where the damage sustained by the plaintiff is neither the necessary nor the probable result of the defendant's conduct, nor such as can be shown to have been in his contemplation at the time, it will be excluded as too remote. Consult Maine on Damages, and see CAUSA CAUSANS. The term is also often used to signify an infraction of the rule against perpetuity, a limitation exceeding the prescribed limits being said to be 'void for remoteness.' See Law of Property Act, 1925, s. 163, and PERPETUITIES. Consult Gray on Perpetuities....

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....

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