CAUSE, contra torts, crim. Which creates an effect. 2. In considering a contract, breach or crime, the law considers for many purposes the immediate cause and not a distant cause. Ferry. Eir. max. 1; Ferry. From. damages, E; Sid. 433; 2 taunts. 314. If the cause is lawful, the party will be justified; If it is illegal, it will be convicted.
Here is an example in criminal law of an immediate and distant case. If Peter drops a gun on Paul out of malice and misses him, then throws the gun and flies away and is pursued by Paul, turns around and kills him with a dagger, the law considers the former to be the impulsive cause, and Peter would be guilty of murder. But if Peter had fallen with his dagger drawn, and Paul had fallen on it in his haste and committed suicide, the cause of Paul`s death would have been too remote to charge Peter with murder. No. 3. In the case of insurance, the general rule is that the direct and not distant cause of the damage must be taken into account; Causa proximo non remota spedatur. This rule may apply to carriers in certain cases. History, Bailm. Article 515 4.
For the scope of the contracts, the contractor is liable for the immediate effects of such a breach, but not for a distant reason, such as the default of a party who was supposed to receive money and did not receive it, forcing him to suspend payment. 1 brock. Cir. C. Rep. 103. View remotely; and also Domat, liv. 3, T. 5, p. 2, n° 4; Toull. 3, No. 286; 6 Bing.
R. 716; 6 ves. 496; Friend. Ag. by Lloyd, 10; History, Ag. section 200; 3 sums. No. 38. From the Latin causa: 1) V. Let something happen. 2) n.
the reason why something happens. A cause involves a so-called «causal relationship» distinct from events that may occur but have no effect on subsequent events. Example: Driving his convertible, Johnny Youngblood starts looking at the pretty Sally Golightly standing on the sidewalk. While distracted, he turns into a car parked on the sidewalk. Johnny`s inattention (negligence) is the cause of the accident, and neither Sally nor her beauty is the cause. 3) n. Abbreviation of the means. In a personal injury case, causation must be proven – meaning that it is not enough to prove that the defendant acted negligently. Negligence must be the cause of the plaintiff`s injuries. In the event of a breach of contract, the contractor is liable for the immediate effects of the breach, but not for a distant reason, such as the fact that a party who was supposed to receive money and did not receive it, forcing him to suspend payment.
In criminal proceedings, probable reason is reasonable grounds to believe that a person has committed a particular crime. Before a person can be stopped or searched by a police officer without a warrant, there must be a probable reason. This requirement is imposed to protect people from unreasonable or unrestricted invasions or intruders by the government. When a person is fired from a job at the bank for embezzlement, they are fired for cause – unlike decisions or actions that are considered arbitrary or capricious. In the case of insurance, the general rule is that the direct and not distant cause of the damage must be taken into account; Causa proximo non remota spedatur. This rule may apply to carriers in certain cases. If Peter throws a gun at Paul out of malice and misses him, then throws away the gun and runs away, and is pursued by Paul, turns and kills him with a dagger, the law considers the former to be the impulsive cause and Peter would be guilty of murder. But if Peter had fallen with his dagger drawn, and Paul had fallen on it in his haste and committed suicide, the cause of Paul`s death would have been too remote to charge Peter with murder. n.
an event giving rise to an event, including, but not limited to, a breach due to negligence or intentional tort. In order to win an action for damages based on negligence or other wrongdoing, it is essential to invoke a direct cause in the claim and prove in court that the defendant`s negligent act was the direct cause (and not no other reason) of the damage caused to the plaintiff (the person who brought the action). Sometimes there is an intermediate cause between the original negligence of the defendant and that of the injured plaintiff, which reduces the extent of liability or, if this intermediate cause is the substantial cause of the injury, the defendant is not liable at all. In criminal law, the defendant`s act must have been the proximate cause of a victim`s death to prove murder or manslaughter. For example, a homeowner leaves the gate around the rear pool unlocked. A child opens the door, falls into the pool and drowns. The negligent act caused the accident; Therefore, causality could be established. However, if a child climbs over the fence at the other end of the pool, falls into the pool and drowns, the owner is not responsible.
Although there was negligence in both examples, the negligence in this case did not cause the child`s accident.