It is not possible to regress to infinity in efficient causes. 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 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. Not all intervening causes relieve a defendant of liability. n. 1. 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. That which causes a negative event, such as an injury. What’s the difference between the insanity plea and incompetency? 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. Petrol's negligence is an intervening cause which gets Flameout off the liability hook. 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. All content on this website, including dictionary, thesaurus, literature, geography, and other reference data is for informational purposes only. 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 Next, the fact-finder considers whether the farmer could have foreseen damage resulting from outdoor storage. Therefore, a First Cause exists (and this is God). A tornado throws the sculpture several thousand feet, ruining it. 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. If there be no first cause then there will be no others. [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. Actual Loss or Damage Loss or damage resulting from the real and substantial destruction of property of another or physical injury to another. War Drafts – What You Should Know About the Return of the Draft. Search for a definition or browse our legal glossaries. 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. The Law DictionaryFeaturing Black's Law Dictionary Free Online Legal Dictionary 2nd Ed. - English Only forum booster is the most efficient air booster to use - meaning? 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. Efficient proximate cause is the one that sets others in motion. Petty testified that he had never fainted before and that he was feeling fine up to the point of the sudden illness. On appeal the Court of Appeals of the District of Columbia affirmed. A superseding cause is an unforeseeable intervening cause. 2000. 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. Efficient definition: If something or someone is efficient , they are able to do tasks successfully, without... | Meaning, pronunciation, translations and examples - English Only forum be (the) very efficient bussinesswomen [article with plural?] The sculpture is designed for outdoor display, so the farmer leaves it in her backyard. 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 definition of efficient is being productive with minimal effort. 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. Merriam-Webster, Incorporated. Origin of Proximate. This requirement is imposed to protect people from unreasonable or unrestricted invasions or intr… Efficient cause definition, See under cause (def. A superseding cause is an unforeseeable intervening cause. Drug Decriminalization Laws Setup For Rehaul Throughout US, Why Trump’s Lawsuit Tactics Won’t Turn The Election. The judge or jury asks whether a reasonable person would have anticipated a tornado. Intervening Cause Law and Legal Definition. 1998. I just had new energy-efficient windows put in the house. 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. Efficient Intervening Cause efficient intervening cause see cause. 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. , Written and fact checked by the intervening cause will generally absolve the of! Event is deemed a superseding and, Instruction 403, but there is one that operates on a condition by... The damages caused by the accident, she heard Petty exclaim to his that! 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