Best Way to Run a Free Arrest Warrant Check, Signing a Letter on Someone Else’s Behalf, Best Way to Write a Professional Letter to a Judge, How To Find A Name & Address Using A License Plate Number, How to Transfer a Car Title When The Owner Is Deceased. efficient cause definition in English dictionary, efficient cause meaning, synonyms, see also 'efficiently',efficiency',effect'. The Law DictionaryFeaturing Black's Law Dictionary Free Online Legal Dictionary 2nd Ed. efficient intervening cause — An intervening efficient cause is a new and independent force, which breaks the causal connection between the original wrong and the injury, and is the proximate and immediate cause of the injury. However, the defendant may escape liability by showing that a subsequent act or event, or intervening cause, was the real cause of the injury. ing cause : an unforeseeable intervening cause that interrupts the chain of causation and becomes the proximate cause of the effect called also efficient intervening cause intervening cause compare concurrent cause and intervening cause in this entry This means that the defendant's conduct must have played a substantial part in bringing about or directly causing the injury or loss. Cause definition is - a reason for an action or condition : motive. Definition of EFFICIENT INTERVENING CAUSE: This a case where the defendant has done no wrong but injuries and damages have been the result of an action. All jurisdictions differentiate between an intervening cause that relieves a defendant of liability and one that does not: the only difference is in the terminology. Proximate cause is an act, whether intentional or negligent, that is determined to have caused someone else’s damages, injury, or suffering. Nothing implied or stated on this page should be construed to be legal, tax, or professional advice. Criminal human conduct by a third party will not be considered an intervening cause relieving the defendant of liability if the defendant's Negligence has contributed to the victim's loss. "Intervening-Cause Defense: Is It Still Viable Under Comparative Fault?" Compensatory vs. Punitive Damages: What’s the difference? Some jurisdictions use two terms to define the intervening cause doctrine: intervening cause and superseding cause. The law is comprised of doctrines that are incompatible, vary from jurisdiction to jurisdiction, and lend themselves to “logic chopping.” Even worse, the application of these doctrines to claim scenarios is often strange if not downright counterintuitive. Definition of Proximate Cause. To take away the cause is to take away the effect. The court said, "Whenever a new cause intervenes which is not a consequence of the first wrongful cause… Noun . Source: Merriam-Webster's Dictionary of Law ©1996. In Cohen, Jeanette Cohen sued Joseph Petty for permanent injuries she suffered as a passenger in a vehicle when Petty drove it into an embankment. Loehr, Cynthia. This unusual reaction may be deemed an extraordinary intervening cause that relieves the defendant of liability. An intervening cause will generally absolve the tortfeasor of liability for the victim's injury only if the event is deemed a superseding cause. Proposed changes and reorganization of jury instructions for civil cases for products liability At trial the issue of the farmer's liability is a Question of Fact to be determined by the judge or jury. This has an effect on who should be held liable for the damages caused by the accident. In Aristotle: Causation …is often called the “efficient cause.” Aristotle gives as examples a person reaching a decision, a father begetting a child, a sculptor carving a statue, and a doctor healing a patient. To take away the cause is to take away the effect. A natural and continuous sequence, unbroken by any efficient intervening cause, that produces injury and without which the result would not have occurred. That which causes a negative event, such as an injury. The trial court agreed with Petty and entered judgment in his favor. These jurisdictions simply ask whether the intervening cause is sufficient to relieve a defendant of liability. Definition from Nolo’s Plain-English Law Dictionary. This definition of efficient has strong economic connotations, but there is one additional definition of the word that bears no economic meaning. (13) Foreseeable intervening forces are within the scope of the original risk and, thus, within the scope of the defendant's negligence. The Law Dictionary Featuring Black's Law Dictionary Free Online Legal Dictionary 2nd Ed. Causality (also referred to as causation, or cause and effect) is influence by which one event, process, state or object (a cause) contributes to the production of another event, process, state or object (an effect) where the cause is partly responsible for the effect, and the effect is partly dependent on the cause. Noun . Other jurisdictions do not use the term superseding cause. For example, an explosion leads to a fire that burns portions of the policyholder’s home. efficient cause TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed. : an unforeseeable intervening cause that interrupts the chain of causation and becomes the proximate cause of the effect — called also efficient intervening cause, intervening cause — compare concurrent cause and intervening cause in this entry — Comparing efficient, effective, and proficient Synonym Discussion of efficient. For example, suppose the defendant poked an associate in the chest during a friendly discussion around a watercooler, and the associate subsequently jumped out a window. Cohen v. Petty, 62 App. A superseding cause, also known as an “intervening cause,” may be proven to have substantially caused the accident. Res Gestae 42 (July): 16. n. an event which occurs between the original improper or dangerous action and the damage itself. cause 1. a. a ground for legal action; matter giving rise to a lawsuit b. the lawsuit itself 2. On appeal the Court of Appeals of the District of Columbia affirmed. The farmer may claim that she could not have anticipated any detrimental effects of outdoor storage on the sculpture, because the sculpture was made for outdoor display. Efficient cause definition, See under cause (def. However, if the farmer lives in Kansas, where tornadoes may be expected, and stored the sculpture outside without tethers during tornado season, the judge or jury may find that she should have anticipated the tornado and its damaging effects, and thus is liable for the damage. In tort law, an intervening cause is an event that occurs after a tortfeasor's initial act of negligence and causes injury/harm to a victim. Schlosser, William L. Fake News: History, Laws, & Is It Going To Ruin The Election… Again? An independent intervening cause arises through no fault of the defendant. Generally, extraordinary weather conditions are deemed an unforeseeable intervening cause. A dependent intervening cause is set in motion by the defendant's own conduct, and will not relieve the defendant of liability unless it is extraordinary. We are losing too much revenue; we need a more efficient means of production. Efficient proximate cause is the one that sets others in motion. But it can be done, Interpretatio fienda est ut res magis valeat quam pereat, Interpretatio talis in ambiguis semper fienda, Interruptio multiplex non tollit praescriptionem semel obtentam. ... — called also efficient intervening cause, intervening cause — compare concurrent cause and intervening cause in this entry Sometimes this is called supervening cause. The result is that the person who started the chain of events is no longer responsible and will not be found liable for damages to the injured person. The Argument from Efficient Cause: There is an efficient cause for everything; nothing can be the efficient cause of itself. Sparks from the fire cause Petrol's truck to explode, sending the fire on the way to Rancher's barns and home, which burn down. "Tort Law—The Doctrine of Independent Intervening Cause Does Not Apply in Cases of Multiple Acts of Negligence." If the vehicle is stolen, Martin may be held liable to Tasha for her loss because a reasonable person would have anticipated the theft. 1590-1600 Latin proximatus (near, or approach) What is Proximate Cause. (See: cause, negligence). Therefore, a First Cause exists (and this is God). The most common intervening causes cited by defendants are natural forces and negligent human conduct. For example (as … Petty had had no reason to anticipate the illness, and because he had not been negligent in any way prior to the accident, the illness relieved him of all liability for Cohen's injuries. A superseding cause is an unforeseeable intervening cause. A superseding cause, also known as an “intervening cause,” may be proven to have substantially caused the accident. Efficient definition: If something or someone is efficient , they are able to do tasks successfully, without... | Meaning, pronunciation, translations and examples https://legal-dictionary.thefreedictionary.com/Intervening+Cause, Consequently, his actions constituted a separate and unusual action rendering it a superseding and, Instruction 403. How to use efficient in a sentence. Before someone may be arrested or searched by a police officer without a warrant, probable cause must exist. How Do You Look up License Plate Numbers? Intervening cause synonyms, Intervening cause pronunciation, Intervening cause translation, English dictionary definition of Intervening cause. Civil and criminal defendants alike may invoke the … For instance, one doctrine (a version of efficient proximate cause) raises this conundrum regarding business interruption coverag… It is, however, a subordinate role and yields pride of place to a different idea—namely, form considered as… This requirement is imposed to protect people from unreasonable or unrestricted invasions or intr… Intervening Cause. Therefore, a First Cause exists (and this is God). Enrich your vocabulary with the English Definition dictionary A separate act or omission that breaks the direct connection between the defendant's actions and an injury or loss to another person, and may relieve the defendant of liability for the injury or loss. It relieves a defendant of liability unless it was foreseeable by the defendant. 2000. What’s the difference between the insanity plea and incompetency? So, a key part of the definition here is that the intervening cause has to occur after the defendant’s negligent action or inaction. Petrol's negligence is an intervening cause which gets Flameout off the liability hook. - English Only forum booster is the most efficient air booster to use - meaning? My new car is very fuel-efficient, and it gets 40 miles per gallon. This information should not be considered complete, up to date, and is not intended to be used in place of a visit, consultation, or advice of a legal, medical, or any other professional. At trial Petty argued that he had become sick without warning and had fainted while driving. All content on this website, including dictionary, thesaurus, literature, geography, and other reference data is for informational purposes only. Privacy Laws: Why It Matters, What To Do, & Important FAQs, Deportation: Human Rights, FAQ, & What To Do, Flexible Spending Account (FSA): Limits, Expenses & FAQ, Census 2020: Everything You Need To Know Before You Say No, Best Way to Find Someone in Jail for Free. negligence [neg´lĭ-jens] in law, the failure to do something that a reasonable person of ordinary prudence would do in a certain situation or the doing of something that such a person would not do. The efficient proximate cause is not necessarily the last act in a chain of events. Cohen herself testified that shortly before the accident, she heard Petty exclaim to his wife that he felt sick. 1. a. a ground for Legal action ; matter giving rise to a b.. Is sufficient to relieve a defendant of liability act and is not an act and is never a superseding definition! Of Appeals of the word that bears no economic meaning, Why Trump s. Or browse our Legal glossaries resulted from that cause damage to the sculpture an. 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