An effective intrusive cause is one that completely replaces the original unlawful act or omission. For example, a drunk taxi driver transports a person into a cab with faulty brakes. An accident occurs, which is more the direct result of intoxication than defective brakes. The passenger`s injury is due to the driver`s condition. The intermediate effective cause thus resolved the causal link between the original fault of the defective brakes and the injury. Each precursor of an event. Something that precedes and produces an effect or result. A reason for an action or condition. A reason for prosecution. An agent who makes a difference. Which is somehow responsible for a state that produces an effect or produces a cause for the resulting action or state. CAUSE, civ.
Law. This word has two meanings. 1. It is the handing over of the thing or the performance of the act which is the subject of an agreement. Datio vel factum, quibus ab una parte conventio, impleri caepta est. 6 Toull. No. 13, 166. 2. It is the consideration or the reason for entering into a contract. An obligation without cause or with a false or unlawful motive is without effect; But a commitment is no less valid, although the cause is not expressed. The cause is unlawful if it is prohibited by law, if it is contrary to custom or public order.
Dig. 2, 14, 7, 4; Code civ. by Lo. a. 1887-1894 Civil Code, liv. 3, c. 2, p. 4, art. 1131-1133; Toull. 3, Tit. 3, c.
2, p. 4. 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. “Causa.” Merriam-Webster.com Legal Dictionary, Merriam-Webster, www.merriam-webster.com/legal/causa. Retrieved 7 October 2022. Latin: 1. A cause, reason, occasion, motive or inducement. 2. In civil law and in ancient English law.
The word meant a source, a reason, bl. Law Dict. (2D Ed.) 12 or method of acquiring property; hence a title; the right to property. Thus, the title “Titulus est justa causa possidendi id quod nostrum est” is the legitimate reason for owning what belongs to us. 8 Coke, 153. See Mack eld. In tort, the concept of causation is essential to a person`s ability to successfully bring an infringement action against another person. The injured party must prove that the other person caused the alleged damage. A defendant`s liability depends on the connection between his or her conduct and the plaintiff`s injury.
The plaintiff must prove that his injury would not have occurred but for the negligence or wilful conduct of the defendant. 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. Latin meaning in the case as opposed to initialibus. A lawsuit, litigation or legal action. Any civil or criminal matter heard or contested in court.