At trial the issue of the farmer's liability is a Question of Fact to be determined by the judge or jury. 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. How to use efficient in a sentence. Two types of intervening causes are considered: dependent and independent. The efficient proximate cause is not necessarily the last act in a chain of events. an efficient way of reaching goals - English Only forum an efficient, fair, and practical approach - English Only forum and equally efficient ones on the micro level of the battlefield." Source: Merriam-Webster's Dictionary of Law ©1996. (13) Foreseeable intervening forces are within the scope of the original risk and, thus, within the scope of the defendant's negligence. A superseding cause, also known as an “intervening cause,” may be proven to have substantially caused the accident. The most common intervening causes cited by defendants are natural forces and negligent human conduct. Since the artist made the sculpture for outdoor display, damage to the sculpture from outdoor storage may be considered unforeseeable. While the efficient proximate cause is said to set into motion a chain of events, it is not necessarily the triggering cause, rather it is the predominating cause. efficient cause definition in English dictionary, efficient cause meaning, synonyms, see also 'efficiently',efficiency',effect'. 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. [begin strikethrough]10c[end strikethrough]12c (, The defending psychiatrist could rebut this argument by claiming that there were, There should be due diligence regarding the mechanism for injury, as well as a thorough investigation of potential pre-existing conditions or, The defendant may assert the lack of proximate causation--that the actions of a third party are the sole proximate or independent, Dictionary, Encyclopedia and Thesaurus - The Free Dictionary, the webmaster's page for free fun content, Paved with good intentions: the fate of strict liability under the Migratory Bird Treaty Act, Causing, aiding, and the superfluity of accomplice liability, Proximate cause in constitutional torts: holding interrogators liable for Fifth Amendment violations at trial. This unusual reaction may be deemed an extraordinary intervening cause that relieves the defendant of liability. Cause definition is - a reason for an action or condition : motive. Proximate cause is an act, whether intentional or negligent, that is determined to have caused someone else’s damages, injury, or suffering. Origin of Proximate. As Aristotle put it, it takes a human being, a developed specimen of the kind, to beget a human being. The judge or jury asks whether a reasonable person would have anticipated a tornado. Noun . D.C. 187, 65 F.2d 820 (D.C. Cir. The author in 22 R.C.L. That which causes a negative event, such as an injury. ... — called also efficient intervening cause, intervening cause — compare concurrent cause and intervening cause in this entry https://legal-dictionary.thefreedictionary.com/Intervening+Cause, Consequently, his actions constituted a separate and unusual action rendering it a superseding and, Instruction 403. A superseding cause, also known as an “intervening cause,” may be proven to have substantially caused the accident. To take away the cause is to take away the effect. What does efficient mean? Noun . Compensatory vs. Punitive Damages: What’s the difference? — Also termed intervening act; intervening agency; intervening force; independent intervening cause; efficient intervening cause; supervening cause; novus actus … Published under license with Merriam-Webster, Incorporated. "Intervening-Cause Defense: Is It Still Viable Under Comparative Fault?" For questions regarding your specific situation, please consult a qualified attorney. Efficient proximate cause: states that an insurer may only avoid coverage where it proves that an excluded peril is the “efficient proximate cause” of the loss. The Law Dictionary is not a law firm and this page should not be interpreted as creating an attorney-client or legal adviser relationship. It is, however, a subordinate role and yields pride of place to a different idea—namely, form considered as… The court said, "Whenever a new cause intervenes which is not a consequence of the first wrongful cause… We are losing too much revenue; we need a more efficient means of production. If an individual is fired from a job at the bank for Embezzlement, he or she is fired for cause—as distinguished from decisions or actions considered to be Arbitrary or capricious. Efficient cause definition, See under cause (def. Intervening cause is a defense that is raised by a defendant seeking relief from liability based upon the interruption of a link between the defendant's wrongful act claimed and the harm suffered by the plaintiff. 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. 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. Search for a definition or browse our legal glossaries. 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. What Is Impeachment & How Does It Work, Exactly? Nothing implied or stated on this page should be construed to be legal, tax, or professional advice. Proposed changes and reorganization of jury instructions for civil cases for products liability The Argument from Efficient Cause: There is an efficient cause for everything; nothing can be the efficient cause of itself. The Law DictionaryFeaturing Black's Law Dictionary Free Online Legal Dictionary 2nd Ed. "Tort Law—The Doctrine of Independent Intervening Cause Does Not Apply in Cases of Multiple Acts of Negligence." Schlosser, William L. Merriam-Webster, Incorporated. New Mexico Law Review 30 (spring): 325–49. Ombudsman clears Aquino of homicide raps over Mamasapano tragedy, Amendments to jury instructions in civil cases, Proposed changes and reorganization of jury instructions for civil cases for products liability, Malpractice and suicide: what the plaintiffs must prove to win. For example (as … It is not possible to regress to infinity in efficient causes. - English Only forum booster is the most efficient air booster to use - meaning? To take away the cause is to take away the effect. 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. To explore this concept, consider the following superseding cause definition. - English Only forum be (the) very efficient bussinesswomen [article with plural?] Therefore, a First Cause exists (and this is God). An intervening cause relieves a defendant of liability only if it would not have been foreseeable to a reasonable person, and only if damage resulting from the defendant's own actions would not have been foreseeable to a reasonable person. 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. However, the defendant may escape liability by showing that a subsequent act or event, or intervening cause, was the real cause of the injury. 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. 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. An event that occurs after a party's improper or dangerous action and before the damage that could otherwise have been caused by the dangerous act, thereby breaking the chain of causation between the original act and the harm to the injured person. This requirement is imposed to protect people from unreasonable or unrestricted invasions or intr… Noun. an efficient way of reaching goals - English Only forum an efficient, fair, and practical approach - English Only forum and equally efficient ones on the micro level of the battlefield." For instance, one doctrine (a version of efficient proximate cause) raises this conundrum regarding business interruption coverag… A defendant is held liable for an injury or loss to another person if the defendant's negligent or reckless conduct was the proximate cause of the resulting injury or loss. Other articles where Efficient cause is discussed: metaphysics: Aristotelianism: The notion of an efficient cause has a role in Aristotelianism. Natural forces include extraordinary weather, earthquakes, volcanic eruptions, and the conduct of animals. Fake News: History, Laws, & Is It Going To Ruin The Election… Again? Efficient definition is - productive of desired effects; especially : capable of producing desired results with little or no waste (as of time or materials). Featuring Black's Law Dictionary Free Online Legal Dictionary 2nd Ed. AMI 503 Intervening Proximate Cause—Definition and Effect—Burden of Proof (Defendant) contends and has the burden of proving that following any act or omission on [his][her][its] part an event intervened that in itself caused damage completely independent of [his][her][its] conduct. I just had new energy-efficient windows put in the house. Comparing efficient, effective, and proficient Synonym Discussion of efficient. Drug Decriminalization Laws Setup For Rehaul Throughout US, Why Trump’s Lawsuit Tactics Won’t Turn The Election. intervening cause Primary tabs. 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. In these jurisdictions intervening cause describes any cause that comes between a defendant's conduct and the resulting injury, and an intervening cause that relieves a defendant of liability is called a superseding cause. Suing Your Landlord: How, When, Why, & Should You Bother? 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. This is a "but for" situation, in which the intervention becomes the real reason harm resulted. - English Only forum be (the) very efficient bussinesswomen [article with plural?] See more. If the vehicle is stolen, Martin may be held liable to Tasha for her loss because a reasonable person would have anticipated the theft. Under these facts the tornado may be deemed an unforeseeable intervening cause of the damage to the sculpture, and the farmer may avoid liability. These jurisdictions simply ask whether the intervening cause is sufficient to relieve a defendant of liability. The working cause; that cause which produces effects or results; an intervening cause, which produces results which would not have come to pass except for its interposition, and for which, therefore, the person who set in motion the original chain of causes is not responsible. Loehr, Cynthia. An event that occurs after a party's improper or dangerous action and before the damage that could otherwise have been caused by the dangerous act, thereby breaking the chain of causation between the original act and the harm to the injured person. It relieves a defendant of liability unless it was foreseeable by the defendant. 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. The state or quality of being negligent. This has an effect on who should be held liable for the damages caused by the accident. cause 1. a. a ground for legal action; matter giving rise to a lawsuit b. the lawsuit itself 2. 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. Example: Fred Flameout negligently starts a wildfire by welding on his hay bailer next to a row of haystacks, some hay catches fire, and the fire spreads, heading toward the next door ranch. A dependent intervening cause is one that is not an act and is never a superseding cause. The trial court agreed with Petty and entered judgment in his favor. : 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 — Instruction 403.10c (intervening cause) is to be given only in cases in which the court concludes that there is a jury issue as to the presence and effect of an intervening cause. The Argument from Efficient Cause: There is an efficient cause for everything; nothing can be the efficient cause of itself. - English Only forum booster is the most efficient air booster to use - meaning? Generally, extraordinary weather conditions are deemed an unforeseeable intervening cause. proximate cause (plural proximate causes) An event which, in a natural and continuous sequence, unbroken by any efficient intervening cause, produces an injury, and without which the injury would not have occurred. An intervening cause will generally absolve the tortfeasor of liability for the victim's injury only if the event is deemed a superseding cause. At trial Petty argued that he had become sick without warning and had fainted while driving. War Drafts – What You Should Know About the Return of the Draft. Intervening cause synonyms, Intervening cause pronunciation, Intervening cause translation, English dictionary definition of Intervening cause. Translations Actual Loss or Damage Loss or damage resulting from the real and substantial destruction of property of another or physical injury to another. Definition of Superseding Cause. An intervening cause can be the action of another person (who is generally called a "third party"), and it can also be an act of nature, such as … Petty's wife, Theresa Petty, who was sitting in the front passenger's seat, testified that just before the accident, Petty said, "Oh, Tree, I feel sick." If there be no first cause then there will be no others. Civil and criminal defendants alike may invoke the … 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. It is not possible to regress to infinity in efficient causes. Intervening Cause. 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. In Criminal Procedure, Probable Cause is the reasonable basis for the belief that someone has committed a particular crime. How to use cause in a sentence. All content on this website, including dictionary, thesaurus, literature, geography, and other reference data is for informational purposes only. My new car is very fuel-efficient, and it gets 40 miles per gallon. Therefore, a First Cause exists (and this is God). This has an effect on who should be held liable for the damages caused by the accident. Next, the fact-finder considers whether the farmer could have foreseen damage resulting from outdoor storage. 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. Definition of Proximate Cause. A tornado throws the sculpture several thousand feet, ruining it. on the defendant's car constituted an unforeseeable, intervening and .efficient cause of the resulting collision with the plaintiff's car so that the defendant was not liable for the injuries caused to the plaintiff. Before someone may be arrested or searched by a police officer without a warrant, probable cause must exist. An independent intervening cause arises through no fault of the defendant. A superseding cause is an unforeseeable intervening cause. 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. Enrich your vocabulary with the English Definition dictionary Not all intervening causes relieve a defendant of liability. For example, assume that a farmer agrees to store a large, heavy sculpture for an artist. 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. This means that the defendant's conduct must have played a substantial part in bringing about or directly causing the injury or loss. Sometimes this is called supervening cause. 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. INTERVENING CAUSEAn action or event that occurs, after an original act or event occurs that sets… IMPOSSIBLE CONTRACTSAn impossible contract is one which the law will not hold binding upon the parties,… INTERVENING DAMAGESSuch damages to an appellee as … The sudden sickness and fainting spell were, Petty claimed, an intervening cause that relieved him of liability. Efficient Intervening Cause efficient intervening cause see cause. The fourth and last type of cause is the end or goal of a thing—that for the sake… 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. Definition of Superseding Cause. Liability for negligently disabling or failing to repair a traffic signal: absolute immunity in the Third District? Definition from Nolo’s Plain-English Law Dictionary. 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 On appeal the Court of Appeals of the District of Columbia affirmed. Negligent human conduct is conduct that exposes a person to abnormal risks. An efficient intervening cause is the new and independent act which itself is a proximate cause of an injury and which breaks the causal connection between the original wrong and the injury. To explore this concept, consider the following superseding cause definition. An independent intervening cause is one that operates on a condition produced by an antecedent cause but in no way resulted from that cause. Definition from Nolo’s Plain-English Law Dictionary. Intervening Cause Law and Legal Definition. The Law Dictionary Featuring Black's Law Dictionary Free Online Legal Dictionary 2nd Ed. Thus, the "causal connection" between the wrong and damages is broken by the intervening cause. The Two Different Types of Compensatory Damages, Res Ipsa: When Things Speak For Themselves, Eleven Types of Legal Motions in U.S. Law, Breach Of Contract: What It Is, Types, Examples, & Resolving Them, Definitions Of Probable Cause Vs. The definition of efficient is being productive with minimal effort. efficient cause TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed. A natural and continuous sequence, unbroken by any efficient intervening cause, that produces injury and without which the result would not have occurred. Intervening cause synonyms, Intervening cause pronunciation, Intervening cause translation, English dictionary definition of Intervening cause. So, a key part of the definition here is that the intervening cause has to occur after the defendant’s negligent action or inaction. Reasonable Suspicion. If there be no first cause then there will be no others. 1933), illustrates how the doctrine of intervening cause works. (See: cause, negligence). However, just as the county fire department has the fire nearly contained, Peter Petrol drives his oil truck through the fireline against a fire fighter's orders and stops on the road between Flameout's property and Richard Rancher's. Efficient proximate cause is the one that sets others in motion. 2000. 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. Some jurisdictions use two terms to define the intervening cause doctrine: intervening cause and superseding cause. Petty testified that he had never fainted before and that he was feeling fine up to the point of the sudden illness. “Proximate cause has been defined as “that cause, which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred.” In the above-mentioned case, the high court citing the case of Urbano vs. Civil and criminal defendants alike may invoke the intervening cause doctrine to escape liability for their actions. Cohen v. Petty, 62 App. Res Gestae 42 (July): 16. n. an event which occurs between the original improper or dangerous action and the damage itself. Powered by Black's Law Dictionary Free 2nd Ed. For example, an explosion leads to a fire that burns portions of the policyholder’s home. What’s the difference between the insanity plea and incompetency? 8b). 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. The concepts of negligence and proximate cause are sufficient to cover notions of efficient intervening causation without the attendant confusion. Proximate cause is defined as that cause, which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred. n. 1. 1590-1600 Latin proximatus (near, or approach) What is Proximate Cause. By contrast, a foreseeable intervening cause typically does not break the chain of causality, meaning that the tortfeasor is still responsible for the victim's injury—unless the event leads to an unforeseeable result. This a case where the defendant has done no wrong but injuries and damages have been the result of an action. (Know the Four D's), Deceptive Medical Billing Practices and Your BI Investigation, Effectively playing the "blame game": the successful pursuit of comparative negligence, Remedies for wronged investors: recent federal laws and court decisions have diminished the rights of investors to recover for fraud and other wrongful conduct in securities transactions. The sculpture is designed for outdoor display, so the farmer leaves it in her backyard. If the artist sues the farmer for damage to the sculpture, the farmer may argue that the tornado intervened between her negligent storage and the damage, relieving her from any liability. on the defendant's car constituted an unforeseeable, intervening and .efficient cause of the resulting collision with the plaintiff's car so that the defendant was not liable for the injuries caused to the plaintiff. Cohen herself testified that shortly before the accident, she heard Petty exclaim to his wife that he felt sick. Other jurisdictions do not use the term superseding cause. This definition of efficient has strong economic connotations, but there is one additional definition of the word that bears no economic meaning. 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. at page 110, says" "Perhaps *42 the best and most widely quoted definition is the following: The proximate cause of an injury is that cause which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the … The law of causation is a prime example of the information few people know about and even fewer use when purchasing insurance. For example, assume that Martin borrows Tasha's vehicle, drives it to a neighborhood notorious for its high crime rate, and leaves it unlocked with the keys in the ignition. 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. Petrol's negligence is an intervening cause which gets Flameout off the liability hook. and The Law Dictionary, About| Terms | Privacy | Legal Questions, Written and fact checked by The Law Dictionary. Efficient definition: If something or someone is efficient , they are able to do tasks successfully, without... | Meaning, pronunciation, translations and examples An intervening cause is one that arises after a defendant's negligent act and is not foreseeable. How Do You Look up License Plate Numbers? A superseding cause is an unforeseeable intervening cause. 1998. According to the appeals court, the sudden illness was an intervening cause. Cause 1. a. a ground for Legal action ; matter giving rise to a lawsuit b. lawsuit! 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Sets others in motion ): 16. n. an event which occurs between the insanity plea and incompetency for regarding... Define the intervening cause doctrine: intervening cause regarding your specific situation, please consult a attorney! But injuries and damages have been the result of an action issue of the defendant is... Cause Does not Apply in Cases of Multiple Acts of negligence and proximate cause is to away. Spring ): 16. n. an event which occurs between the insanity plea incompetency! Interpreted as creating an attorney-client or Legal adviser relationship to Ruin the Again. Intervening causes are considered: dependent and independent is an intervening efficient intervening cause meaning doctrine to escape liability the. 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