It is the cause that directly produces an event. The event would not have occurred but for the cause. The term proximate cause originated in civil law. This is also called direct liability. Proximate Cause and Causation Proximate cause relates to … . Direct loss is differentiated from consequential loss and indirect loss. Vicarious liability. If you have any questions, please contact Customer Service at 1 -800-926-7926 ext. “Due care” is a term used to refer to the degree of care that a “reasonable person” would take in a particular situation. Proximate cause refers to a direct cause of loss, without which the loss would not occur; therefore, it is a highly relevant principle in the insurance industry. The headings are added; the paragraphs are Dr. Frame’s. The manner of death explains how the cause arose: natural or violent (accident, homicide, suicide or undetermined). Proximate cause is a key principle of Insurance and is concerned with how the loss or damage actually occurred. For a long time, there has been an increased discussion as to the term "proximate" being put before the word cause, referring to an 'actual' cause leading to a legal issue. Consider the following example of a dram shop case: The scope of the problem with proximate cause lies in a few different areas, especially in its name. The term “dram shop” is used to refer to any business that serves alcoholic beverages to the public. An example of a dram shop is a bar or tavern. Proximate Cause — (1) The cause having the most significant impact in bringing about the loss under a first-party property insurance policy, when two or more independent perils operate at the same time (i.e., concurrently) to produce a loss. Causes is another term which has led to much wrestling by theologians. The IRS, on the other hand, argued that while Paychex issued wage payments, it was a conduit for its client companies because it debited their accounts before paying the worksite employees, and the client companies were in actual control of the wage payments because Paychex's payment of the wages was contingent on or proximately related to its first receiving funds from the client companies. personal automobile liability with split limits, homeowners, general liability written w/ an aggregate limit, business automobile liability ... What does the term "proximate cause" refer … Dram shop laws are those that make it illegal for businesses to sell alcohol to minors, or to customers who are already visibly drunk. In which of the following types of property valuation will the policy pay the full value as specified on the policy schedule, regardless of the insured property's appreciation or depreciation? Examples of proximate cause are often found in personal injury cases, and other civil lawsuit cases; but this plays an important role in many criminal cases as well. 10. To illustrate, office furniture lost during fire is a direct loss. The formal Latin term for "but for" (cause-in-fact) causation, is sine qua non causation. Define proximate. See more. Elements of a Negligence Case. Which of the following does the term "proximate cause" refer to? Affiliated Firm Means a broker-dealer under common ownership or control with the filing firm. In order for a plaintiff to win a lawsuit for negligence, they must prove all of the "elements. . It is also known as legal cause. denied that God is the cause of sin. Proximate cause produces particular, foreseeable consequences without the intervention of any independent or unforeseeable cause. Proximate sounds similar to the word proximal, meaning closest or closer to a certain point. Direct or immediate: "The stock market crash in October, 1929 ... is often regarded as ... the major proximate cause of the Great Depression" . Did You Know? Agreed value. The term proximate has long been known to mean near, or in the vicinity of, not actual. 1. Example: Why did the ship sink? adj. Which of the following does the term "proximate cause" refer to? n. a happening which results in an event, particularly injury due to negligence or an intentional wrongful act. Negligence may often be the proximate cause of the damage; without it, the accident would not have happened. Proximate definition, next; nearest; immediately before or after in order, place, occurrence, etc. Actus reus, mens rea, concurrence, causation, and harmful result, which are the basis for the elements of a crime the prosecution has to prove beyond a reasonable doubt Wikipedia it bro! The term "cardio-respiratory arrest" is, as a rule, meaningless for the purposes of death certification; it is a description of being dead, not a cause of death. 19 The risk of posttraumatic seizures after severe head injury is 7.1% within the first year and 11.5% within 5 years. . "For instance, one of the elements is "damages," meaning the plaintiff must have suffered damages (injuries, loss, etc.) Negligence may often be the proximate cause of the damage; without it, the accident would not have happened. How to use proximate in a sentence. proximate cause. Conversely, an ultimate cause is the higher-level cause that is regarded as the real reason for an occurrence.