2.Causa Proxima (or Proximate/Predominate Cause)
a.General Introduction
The principle of Causa Proxima, or “Proximate Cause” (either Causa Proxima Rule),…
The causa proxima rule originates from English Law and we can say that it has two…
i.Causa Proxima in Time: The main rule in Causa Proxima in Time is that the last effective event in the occurrence of the damage is the real cause of the damage without much research. This rule also forms the main idea of the Ultima Causa…
ii.Causa Proxima in Efficiency: Causa Proxima in Efficiency correctly requires that the cause of the damage be determined as the causa proxima, which is the most closely related to the damage among the causes of the damage. If we come to the example above, both the damage that occurred on the yacht and the storm were effective in the sinking of the yacht. Thus, the yacht insurer will be liable to compensate the insured for fire risk.…
In addition to our explanations above, we can give as an example the Reischer v Borwick
“…In cases of marine insurance, it is well settled law that it is only the proximate cause that is to be regarded and all others rejected, although the loss would not have happened without them. Damage…
It was contended that the towing of the tug through the water after the collision was the proximate cause of the loss now sought to be recovered. It was, however, admitted that this was a reasonable and proper act in the circumstances. This may have been a concurrent cause, and one without which the loss would not have happened; but…
As another example, the U.S Supreme Court, in its decision Lanasa Fruit Steamship and Importing Company, Inc. v. Universal Insurance Company (The Smaragd)
“To treat proxima causa as the cause which is nearest in time is out of the question.…
What does ‘proximate’ here mean? To treat proximate cause as if it was the cause which is proximate in time is, as I have said, out of the question. The cause which is truly proximate is that which is proximate…
It is clear from the two court decisions we have given regarding both English and…
In English Law, the Causa Proxima Rule has been implemented through court decisions…
“(1) Subject to the provisions of this Act, and unless the policy otherwise provides, the…
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