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Proximate cause: Because the ship failed to change course to avoid it. Ultimate cause: Because the ship was under autopilot and the autopilot's data was inaccurate. (even stronger): Because the shipwrights made mistakes in the ship's construction. (stronger yet): Because the scheduling of labor at the shipyard allows for very little rest.
Causality. Causality is an 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. In general, a process has many causes, [1] which are also said ...
Proximate cause is a key principle of insurance and is concerned with how the loss or damage actually occurred. There are several competing theories of proximate cause (see Other factors ). For an act to be deemed to cause a harm, both tests must be met; proximate cause is a legal limitation on cause-in-fact. The formal Latin term for "but for ...
Law portal. v. t. e. An abuse of process is the unjustified or unreasonable use of legal proceedings or process to further a cause of action by an applicant or plaintiff in an action. It is a claim made by the respondent or defendant that the other party is misusing or perverting regularly issued court process (civil or criminal) not justified ...
t. e. A Due Process Clause is found in both the Fifth and Fourteenth Amendments to the United States Constitution, which prohibit the deprivation of "life, liberty, or property" by the federal and state governments, respectively, without due process of law. [ 1][ 2][ 3] The U.S. Supreme Court interprets these clauses to guarantee a variety of ...
Criminal law. Causation is the "causal relationship between the defendant's conduct and end result". In other words, causation provides a means of connecting conduct with a resulting effect, typically an injury. In criminal law, it is defined as the actus reus (an action) from which the specific injury or other effect arose and is combined with ...
Recovery of damages by a plaintiff in lawsuit is subject to the legal principle that damages must be proximately caused by the wrongful conduct of the defendant. This is known as the principle of proximate cause. This principle governs the recovery of all compensatory damages, whether the underlying claim is based on contract, tort, or both. [5]
A cause of action or right of action, in law, is a set of facts sufficient to justify suing to obtain money or property, or to justify the enforcement of a legal right against another party. The term also refers to the legal theory upon which a plaintiff brings suit (such as breach of contract, battery, or false imprisonment ).