Remote Cause - Law Dictionary Search Results
Home Dictionary Name: remote causeremote cause
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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...
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...
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....
Remote
Removed to a distance not near far away distant said in respect to time or to place as remote ages remote lands...
remote
remote re·mot·er -est 1 a : far removed in space, time, or relation [ancestors of a more degree] b : exceeding the time allowed under the rule against perpetuities for the vesting of interests [the residuary clause…violates the rule against vesting "Estate of Grove, 70 Cal. App. 3d 355 (1977)"] ;also : being in violation of the rule against perpetuities [a contingent estate] 2 : acting, acted on, or controlled indirectly or from a distance 3 a : not proximate or acting directly b : not arising from the effect of that which is proximate 4 : small in degree [a possibility of paternity] re·mote·ly adv re·mote·ness n ...
Remote
Remote, means exceeding the time allowed under the rule against perpetuities for the vesting of interest, Estate of Grove, 70 Cal App 3d 355 (1977)....
Cause of action
Cause of action, a cause of action is a bundle of facts which are required to be pleaded and proved for the purpose of obtaining relief claimed in the suit. For the aforementioned purpose, the material facts are required to be stated but not the evidence except in certain cases where the pleading relied on any misrepresentation, fraud, breach of trust, wilful default or undue influence, Liverpool & London S.P. & I Assocn. v. M.V. Sea Success, (2004) 9 SCC 512 (562). [Civil Procedure Code, 1908, O. 7, R. 11(9)]--It is only that court in whose jurisdiction the 'cause of action' did arise will have Jurisdiction to entertain an application either under section 9 or under section 11 of the Act (Arbitration and Conciliation Act, 1996); Indian Iron and Steel Company Ltd. Kolkata v. Tiwari Roadlines, Hyderabad, AIR 2006 AP 1.Means every fact which it is necessary to establish to support a right to obtain a judgment, Prem Chand Vijay Kumar v. Yashpal Singh, (2005) 4 SCC 417.Is a bundle of facts...
Voluntarily causing grievous hurt
Voluntarily causing grievous hurt, whoever voluntarily causes hurt, if the hurt which he intends to cause or knows himself to be likely to cause is grievous hurt, and if the hurt which he causes is grievous hurt, is said 'voluntarily to cause grievous hurt.'Explanation.-A person is not said voluntarily to cause grievous hurt except when he both causes grievous hurt and intends or knows himself to be likely to cause grievous hurt. But he is said voluntarily to cause grievous hurt, if intending or knowing himself to be likely to cause grievous hurt, of one kind, he actually causes grievous hurt of another kind.Illustration, A, intending or knowing himself to be likely permanently to disfigure Z's face, gives Z a blow which does not permanently disfigure Z's face, but which causes Z to suffer severe bodily pain for the space of twenty days. A has voluntarily caused grievous hurt....
Sufficient cause
Sufficient cause, for non-appearance refers to the date on which the absence was made a ground for proceeding ex parte and cannot be stretched to rely upon other circumstances anterior in time, Tea Auction Ltd. v. Grace Hill Tea Industry, AIR 2007 SC 67.Sufficient cause is an expression which is found in various statues. It has been construed liberally in keeping with its ordinary dictionary meaning as adequate or enough. That is, any justifiable reason resulting in vacation has to be understood as sufficient cause. For instance economic difficulty or financial stringency or family reasons may compel a landlord to let out a building in his occupation. So long as it is found to be genuine and bona fide it would amount to vacating a building for sufficient cause, Surinder Singh Sibia v. Vijay Kumar Sood, AIR 1992 SC 1540 (1541): (1992) 1 SCC 70. [H.P. Urban Rent Control Act, 1987, s. 14(3), Proviso 2]The expression 'sufficient cause' cannot be cons-trued too liberally, merely because the...
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