Proximity cause

In the law, a proximate cause is an event sufficiently related to an injury that the courts deem the event to be the cause of that injury. There are two types of causation in the law: cause-in-fact, and proximate (or legal) cause. Cause-in-fact is determined by the but for test: But for the action, the result would not have happened . What does proximate cause mean in law?

An actual cause that is also legally sufficient to support liability.

Determining proximate cause is necessary because not everyone or everything that causes an injury is legally liable.

The ice on the road is the cause in fact or “but-for” cause of the accident: but for the ice, the .

A proximate cause is one that is legally sufficient to result in liability. The immediate reason that something happened that caused harm to another person. For more information on the topic of proximate cause see the pages on . The attempt which common law courts have made to resolve every major problem of legal liability in tort into terms of causal relation marks the most glaring and persistent fallacy in tort law. Succeeding generations of judges continue this attempt without apparent protest.

Proximate causes include hereditary, developmental, structural, cognitive, psychological, and physiological aspects of behaviour . Workable Rules For Determining. THE PROBLEm OF CAUSATION AND ITS SCOPE. T HE first question in causation relates to actual cause or cause in fact. The Problem of Proximate Cause. PROXIMATE CAUSE IN THE LAW OF TORTS.

Like criminal law, and unlike the law of property or contract, . Under Wagon Moun the specific harm to this particular plaintiff and the way that harm came about must be foreseeable at the outset in order for there to be proximate cause. It has been accepted for inclusion in Indiana Law Journal by an authorized editor of Digital. Torts- Proximate Cause -Intervening Cause, Indiana Law Journal: . The proximate cause in marine insurance is the “dominant cause” of the loss.

In determining the proximate cause of the loss, The Court . Washington University Law Review by an authorized administrator of Washington University Open Scholarship. Kelley, Proximate Cause in Negligence Law: History, Theory, and the Present Darkness, Wash. Posts about proximate cause written by Dominador Maphilindo O.