if other people are also liable.) Ballentine's law dictionary. There are various types of defenses in a personal injury lawsuit including intervening cause. In tort law, as will relieve of liability for an injury, is an independent cause which intervenes between the original wrongful act or omission and the injury, turns aside the natural sequence of events, and produces a result which would not… Efficient cause definition, See under cause (def. When these words are added to a phrase it is often referred to as an intervening clause. A natural and continuous sequence, unbroken by any efficient intervening cause, that produces injury and without which the result would not have occurred. Cause-in-fact is determined by the "but for" test: But for the action, the result would not have happened. Available under Creative Commons-NonCommercial-ShareAlike 4.0 International License. See People v.Acosta for a great example.. The maxim is, “Causa Proxima no remote spectator”. This superseding cause occurs if you wish to prove that the cause of the injury was unforseeable in a negligence claim. An intervening cause occurs when there is some interruption between the defendant’s conduct and the ultimate harm or result. In this case, the intervening phrase is of antique vases. The medical findings, however, lead us to a distinct possibility that the infection of the wound by tetanus was an efficient intervening cause later or between the time Javier was wounded to the time of his death. intervening efficient cause See efficient intervening cause. It is the immediate cause and not the remote cause. Cause and effect is a type of relationship between events whereby a cause creates an effect. 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. An intervening cause is a separate action that breaks the direct connection between the actions of the defendant and a loss or injury to another person. Look up the English to Arabic translation of efficient intervening cause in the PONS online dictionary. Intervening phrases often use prepositions such as to, for, with, including and together. In many cases, an effect can result from many causes and the exact nature of these relationships can be difficult to determine.The following are illustrative examples of cause and effect. There are two types of causation in the law: cause-in-fact, and proximate (or legal) cause. For example, in the case of a statue or painting, it is a person chiseling the rock and stroking the brush that causes the transformation. An independent intervening cause is one that operates on a condition produced by an antecedent cause but in no way resulted from that cause. Includes free vocabulary trainer, verb tables and pronunciation function. Intervening cause synonyms, Intervening cause pronunciation, Intervening cause translation, English dictionary definition of Intervening cause. Here are a few examples of an intervening phrase: The collection of antique vases is very valuable. — Also termed intervening act; intervening agency; intervening force; independent intervening cause; efficient intervening cause; supervening cause; novus actus interveniens; nova causa interveniens. The infection was, therefore, distinct and foreign to the crime.” For example, income is an intervening variable that helps explain the relationship between level of education (independent variable) and spending (dependent variable). Proximate versus Immediate Cause of Death The underlying or proximate cause of death is that which, in a natural and continuous sequence unbroken by an efficient intervening cause, produces the fatality, and without which the end result would not have occurred. (using minimal fuel) مقتصد للوقود : A high-speed rail network is a more fuel-efficient alternative. fuel efficient, fuel-efficient adj adjective: Describes a noun or pronoun--for example, "a tall girl," "an interesting book," "a big house." Thus, the original negligent actor is not liable… How to use cause in a sentence. The court said, "Whenever a new cause intervenes which is not a consequence of the first wrongful cause… Source: Merriam-Webster's Dictionary of Law ©1996. See more. 8b). Learn why they are important and how to use them on an exam. When a question of proximate cause involves an intervening act, "'liability turns upon whether the intervening act is a normal or foreseeable consequence of the situation created by the defendant's negligence'" (Mazella, 27 NY3d at 706, quoting Derdiarian, 51 NY2d at 315 [emphasis added]). As a result, intervening cause may be used as a legal defense in a civil lawsuit. There are two types of intervening causes: foreseeable and unforeseeable. An "intervening efficient cause" is a new and independent force which breaks the causal connection between the original wrong and injury, and itself becomes direct and immediate cause of injury. Another example of an "intervening" but not "superseding" cause is if a car negligently knocked down a pedestrian in the road and then the driver of the car left the scene of the accident without aiding the pedestrian; this is a “hit and run". It is, however, a subordinate role and yields pride of place to a different idea—namely, form considered as… Merriam-Webster’s Dictionary of Law. 6 October, 2015 - 09:41 . The state or quality of being negligent. Merriam-Webster, Incorporated. 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. Efficient Intervening Cause efficient intervening cause see cause. A cause intervening the negligence of the defendant and the occurrence of injury to the plaintiff, without which the injury would not have occurred. efficient intervening cause. This use of efficient is less common in everyday usage, but it quite common to see in philosophical and scientific journals. actual cause: cause in fact in this entry but-for cause: cause in fact in this entry cause in fact: a cause without which the result would not have occurred called also actual cause but-for cause efficient intervening cause see cause 1. A new and independent force, which breaks the causal connection between the. Negligence: Concurrent Acts: Efficient Intervening Cause is an article from Michigan Law Review, Volume 19. Merriam-Webster. Proposed changes and reorganization of jury instructions for civil cases for products liability Example of an Intervening Superseding Cause . Change the example so that Henry pulls out a knife and chases Mary out of the garage. 38 Am J1st Negl § 68. Actual Loss or Damage Loss or damage resulting from the real and substantial destruction of property of another or physical injury to another. 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. Here is how to conduct an analysis to determine if a defendant is still liable in the presence of one or more intervening causes: This preview shows page 357 - 359 out of 377 pages.. D. EFFICIENT INTERVENING CAUSE An independent intervening cause as one which An independent intervening cause as one which Other articles where Efficient cause is discussed: metaphysics: Aristotelianism: The notion of an efficient cause has a role in Aristotelianism. One iteration is efficient causation refers to a cause in fact that sets in motion a chain (or train or net) of events that, unbroken by any intervening independent cause, produces that damage or injury and without which the damage or injury would not have occurred. Published … Find the right lawyer for your case and recover losses with … Cause definition is - a reason for an action or condition : motive. In this example, the artist would be said to be the efficient cause. ... rather than a foreseeable intervening cause.For example, if a defendant had carelessly spilled gasoline … An accident occurs, which is a direct result of the intoxication rather than the faulty brakes. As Aristotle put it, it takes a human being, a developed specimen of the kind, to beget a human being. Halogen light bulbs are more energy-efficient than incandescent ones. Anderson, W.S.. 1998. intervening damages; intervening force; Look at other dictionaries: n. 1. Proximate cause means the active, efficient cause that sets in motion a train of events which brings about a result, without the intervention of any force started and working actively from a new and independent source. Usually intervening causes are actions by a third party or natural occurrence that alter the circumstances of accident. For example, an intoxicated cabdriver transports a person in a cab with faulty brakes. Review the example with Henry and Mary in Example of Legal Causation. An intervening efficient cause is one that totally supersedes the original wrongful act or omission. Cause cause n 1: something that brings about an effect or result [the negligent act which was the of the plaintiff's injury] NOTE: The cause of an injury must be proven in both tort and criminal cases. In 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. 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