Proximate Cause - Law Dictionary Search Results
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Proximate cause
Proximate cause. See CAUSA CAUSANS....
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...
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....
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...
unavoidable accident
unavoidable accident : an accident that is not proximately caused by the negligence of any party or that is unforeseeable or not preventable by exercise of reasonable precautions and for which liability based on fault is not imposed compare act of god ...
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