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Proximate Cause - Law Dictionary Search Results

Home Dictionary Name: proximate cause

proximate cause

proximate cause see cause ...


Proximate cause

Proximate cause. See CAUSA CAUSANS....


cause

cause 1 : something that brings about an effect or result [the negligent act which was the of the plaintiff's injury] NOTE: The cause of an injury must be proven in both tort and criminal cases. actual cause : cause in fact in this entry but-for cause : cause in fact in this entry cause in fact : a cause without which the result would not have occurred called also actual cause but-for cause concurrent cause : a cause that joins simultaneously with another cause to produce a result called also concurring cause compare intervening cause and superseding cause in this entry di·rect cause : proximate cause in this entry ef·fi·cient in·ter·ven·ing cause : superseding cause in this entry intervening cause 1 : an independent cause that follows another cause in time in producing the result but does not interrupt the chain of causation if foreseeable called also supervening cause compare concurrent cause and superseding cause in this entry 2 : super...


proximate

proximate 1 : next immediately preceding or following (as in a chain of causation, events, or effects) : being or leading to a particular esp. foreseeable result without intervention see also proximate cause at cause 2 : very or relatively close or near [would be sufficiently to the commencement of the defendant's trial "Johnson v. New Jersey, 384 U.S. 719 (1966)"] prox·i·mate·ly adv ...


liability

liability pl: -ties 1 : the quality or state of being liable 2 : something for which one is liable: as a : a financial obligation : debt [tax ] [the bonds are liabilities] compare asset contingent liability : an amount that may or may not be owed depending on the outcome of a contingency (as a cosigner's default on a loan) fixed liability : a liability (as a bond or mortgage) that does not mature for at least one year from the date incurred or from a given date b : accountability and responsibility to another enforceable by civil remedies or criminal sanctions [ for injuries caused by their product] absolute liability : strict liability in this entry alternative liability : joint liability imposed on multiple tortfeasors when there are simultaneous tortious acts (as defective manufacture of parts of a wheel by different manufacturers) and uncertainty as to which act was the proximate cause of an injury compare concert of action civil liability : liability imposed under c...


rescue doctrine

rescue doctrine : a common-law doctrine that permits a plaintiff to recover from a party whose negligence was the proximate cause of a peril from which the plaintiff reasonably undertook to rescue a third party NOTE: The act of rescue itself is considered foreseeable, and the negligence of the defendant is considered to be the proximate cause of injury to the rescuer as well as to the one rescued. ...


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....


Proximate security

Proximate security, 'proximate security' means protection provided from close quarters, during journey by road, rail, aircraft, watercraft or on foot or any other means of transport and shall include the places of functions, engagements, residence or halt and shall comprise ring round teams, isolation cordons, the sterile zone around, and the rostrum and access control to the person or members of his immediate family [Special Protection Group Act, 1988 (34 of 1988), s. 2(g)]Means protection provided from close quarters during journey by road, rail, aircraft, watercraft or on foot or any other means of transport, and shall include the place of functions, engagements, residence or halt and shall comprise ring round teams, isolation cordons, the sterile zone around and the rostrum and access control to the person or members of his immediate family. The mere fact that the protectee has to go to court as an undertrial, does not disentitle him to the proximate security, Commissioner of Polic...


Perils of the sea

Perils of the sea, means perils, dangers and accidents of the sea or other navigable waters is an expression meaning perils, or accidents peculiar to sea or navigable waters, which could not have been reasonably foreseen and guarded against by ordinary skill and prudence by carrier or his agents or servants, Collis Line Pvt. Ltd. v. New India Assurance Co. Ltd., AIR 1982 Ker 127.They are strictly the natural accidents peculiar to the water, but the law has extended this phrase to comprehend events not attributable to natural causes, as captures by pirates, and losses by collision, where no blame is attachable to either ship, or at all events to the injured ship. It was held by the House of Lords in Hamilton, Fraser & Co. v. Pandorf & Co., (1887) 12 App Cas 518, that, where (under a charter-party or bills of lading which excepted dangers and accidents of the seas'), rats gnawed a hole in a pipe on board ship, whereby sea-water escaped and damaged a cargo of rice, without neglect or defa...


proximity

proximity : the quality or state of being proximate ...


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