Intervening and superseding causes—which occur when the action of a third party, or even an act of nature, play a role in causing the plaintiff’s injury—disrupt this so-called "causal chain" and can diminish or even wipe out the defendant's liability, which means intervening and superseding causes can reduce or eliminate your ability to get fair compensation ("damages") for your injuries. Efficient intervening cause 4. Pullman's Palace Car Co. v Laack, 143 Ill 242, 32 NE 285; Ney v Yellow Cab Co. 2 Ill 2d 74, 117 NE2d 74, 51 ALR2d 624; Hall v Coble Dairies, 234 NC 206, 67 SE2d 63, 29 ALR2d 682. Proximate cause means that you must be able to show that the harm was caused by the tort you are suing for. An agent that brings something about. efficient - WordReference English dictionary, questions, discussion and forums. At the normal pH of 7.40, the ratio of bicarbonate to carbonic acid buffer is 20:1. An intervening cause, which produces results which would not have come to pass except for its interposition, and for which, therefore, the person who set in motion the original… …   Black's law dictionary, We are using cookies for the best presentation of our site. Efficient Intervening Cause Law and Legal Definition. Efficient intervening cause – act of the victim (while he was in the hospital, he got depressed and killed himself). An agent that brings something about. A ground of a legal action. 2d 298, 302 (Fla. 1950), where this Court held that "no intervening cause is efficient unless it is independent of and not set in motion by the original wrongful act". *Use the word FORESEEABILITY in proximate cause. 38 Am J1st Negl § 68. efficient intervening cause see cause 1. 2. But because some acid-base disturbances have a limited number of causes, you can systematically eliminate some potential causes. Negligence: Concurrent Acts: Efficient Intervening Cause is an article from Michigan Law Review, Volume 19. Mistake in identity (error in personae) 3. Something that precedes and brings about an effect or a result. Most microorganisms do well within a pH … An efficient intervening cause is the new and independent act which itself is a proximate cause of an injury and which breaks the causal connection between the original wrong and the injury. pH affects the function of metabolic enzymes. In this asbestos case, court dealt with issue of proper instruction on proximate cause. Thus, the original negligent actor is not liable… …   Black's law dictionary, efficient intervening 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. Each separate antecedent of an event. They come from many sources and are not checked. dependent intervening cause — n. In common law, something that happens in between a defendant’s action and its result that occurs as a normal and predictable response to the defendant’s action; … The defense may argue that there was a prior cause or a superseding intervening cause. efficient adj adjective: Describes a noun or pronoun--for example, "a tall girl," "an interesting book," "a big house." Last clear chance E. LEGAL INJURY 1. Thus, the original negligent actor is not liable… …   Black's law dictionary, intervening cause — A cause which supersedes a prior wrong as the proximate cause of an injury by breaking the sequence between the prior wrong and the injury. Cause in fact 3. Because water is necessary to remove acid wastes from your body, insufficient intake of water is one of other causes of pH imbalance. A common situation where a prior cause becomes an issue is the personal injury car accident, where the person re-injures an old injury. A new and independent force, which breaks the causal connection between the Water needs to be filtered to eliminate chlorine, heavy metals, ammonia, inorganic chemicals, bacteria, pesticides, and remnants of corrosive piping. Lastly, you should not drink alcohol, tea, coffee, and sweetened drinks as the main substitute for water. A new and independent force, which breaks the causal connection between the For an argument that intervening causes are not necessarily exclusionary ones, see M. Zimmerman, “Intervening Agents and Moral Responsibility” (1985) 35 Phil. Acidic conditions (low pH) or basic conditions (high pH) alter the structure of the enzyme and stop growth. Concept 2. For every enzyme, there is an optimum pH value, at which the specific enzyme functions most actively. The proximate cause of an injury is that cause that, in the natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred. Translation memories are created by human, but computer aligned, which might cause mistakes. causa.) Mahoney v Beatman, 110 Conn 184, 146 A 762, 66 ALR 1121. Proximate cause is defined as that cause, which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the … Violation of right or legal injury 4. A new and independent force, which breaks the causal connection between the …   Ballentine's law dictionary, intervening cause — A cause which supersedes a prior wrong as the proximate cause of an injury by breaking the sequence between the prior wrong and the injury. Each separate antecedent of an event. If the pH and alkalinity are both higher than recommended levels, muriatic acid (HCl 31.4 percent), dry acid (sodium bisulfate, NaHSO4), sulfuric acid (H2SO4) are added or carbon dioxide (CO2) is injected to lower them. efficient intervening 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. “The proximate cause of an injury is that cause, which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred.” Cause as distinguished from condition 5. This often causes pin floc and high effluent turbidity. actual cause: cause in fact in this entry but–for… …   Law dictionary, efficient — I adjective able, adroit, capable, competent, deft, dexterous, effective, effectual, expedient, expeditious, expert, functional, habilis, mighty, potent, powerful, practical, productive, proficient, puissant, skilled, skillful associated concepts …   Law dictionary, cause — noun (Lat. Any change in this pH significantly affects the enzyme activity and/or the rate of reaction. That which in some… …   Black's law dictionary, intervening efficient cause — See efficient intervening cause …   Ballentine's law dictionary, intervening agency — To render an original wrong a remote cause, an intervening agency must be independent of such wrong, adequate to produce the injury, so interrupting the natural sequence of events as to produce a result different from what would have been… …   Black's law dictionary, efficient cause — The working cause; that cause which produces effects or results. 38 Am J1st Negl § 68. Be warned. Trial court erred in failing to sustain objections to “substantial contributing factor” jury instructions. Some plants reduce aeration to reduce nitrification or add soda ash, lime or magnesium hydroxide as a source of alkalinity if this becomes a problem. Proximate cause has been defined as “that cause, which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, … Merriam Webster. Generally, if your patient has changes in acid-base homeostasis, you'd look for the cause first before intervening to normalize the pH. Elements of right 3. (person) D. PROXIMATE CAUSE 1. Classes 2. causa.) Cause in fact 3. For an attempt to sort out the various meanings of supervening causes, see T. Christlieb, “Why Superseding Cause Analysis Should be Abandoned” (1993) 72 Texas L. Rev. Continuing to use this site, you agree with this. Merriam-Webster. Merriam-Webster’s Dictionary of Law. Efficient intervening cause 4. Use of the multiple sufficient causes approach is proper whether the concurring causes are all tortious in nature or some are innocent. 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. 1998. efficient intervening cause — see cause 1 Merriam Webster’s Dictionary of Law. This is a "but for" situation, in which the intervention becomes the real reason harm resulted. (machinery) efficiënt bn: An electric saw is more efficient than a manual saw. A new and independent force, which breaks the causal connection between the … And the proximate cause of an injury is that cause which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and … 1996 … Law dictionary. Table 1 lists some other causes of metabolic … Proximate cause is defined as that cause, which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred. The proximate cause of Cruz’s death is the tetanus infection, and not the stab wound. efficient intervening cause see cause 1. All Free. Thus, the "causal connection" between the wrong and damages is broken by the intervening cause. Any cause which in the natural and continuous sequence, unbroken by an efficient intervening cause, produces the result complained of and without which the result would not have occurred. OK. M istake in blow (aberration ictus) 2. Concept b. Last clear chance E. LEGAL INJURY 1. For an attempt to sort out the various meanings of supervening causes, see T. Christlieb, “Why Superseding Cause Analysis Should be Abandoned” (1993) 72 Texas L. Rev. To know more about the relation between pH and enzymes, and/or the effect of pH on enzymes, go through this write-up. In Dumayag vs People of the Philippines (GR 172778, Nov. 26, 2012), the Supreme Court, through Associate Justice Jose Mendoza, said: “Proximate cause is defined as that cause, which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred. Concept 2. Merriam-Webster. The test of the sufficiency of an intervening… …   Ballentine's law dictionary, 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… …   Black's law dictionary, cause — 1 n 1: something that brings about an effect or result the negligent act which was the cause of the plaintiff s injury ◇ The cause of an injury must be proven in both tort and criminal cases. Showing page 1. -- The proximate cause of an injury is that cause which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred. Merriam Webster. The test of the sufficiency of an intervening… …   Ballentine's law dictionary, 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… …   Black's law dictionary, cause — 1 n 1: something that brings about an effect or result the negligent act which was the cause of the plaintiff s injury ◇ The cause of an injury must be proven in both tort and criminal cases. Some soils are acidic by nature and, in other cases, low pH is the result of prolonged and intensive fertilization and irrigation. 1996. efficient breach; efficient market; Look at other dictionaries: An intervening cause can be the action of another person (who is generally called a "third party"), and it can also be an act of nature, such as a branch falling from a tree or a weather-related event. A ground of a legal action. Continuing to use this site, you agree with this. If the policy excludes loss caused by explosion and does not … Proximate cause means that you must be able to show that the harm was caused by the tort you are suing for. Classes of injury F. INTENTIONAL TORTS 1. Interference with rights … A normal level is between 3.8-4.5, but that can change with time and age. pH is a measurement of electrically charged particles in a substance. : an efficient, exciting, or contributing cause (as an act, practice, or event) that produces an injury which would not have occurred without it [claimed that the workplace accident was a producing cause of his disability] used esp. n. an event which occurs between the original improper or dangerous action and the damage itself. The pH of the environment has a profound effect on the rate of microbial growth. Start by looking at the patient's arterial blood gas analysis. OK. A cause intervening the negligence of the defendant and the occurrence of injury to the plaintiff, without which the injury would not have occurred. A large problem in some plants is a low pH (to as low pH = 6) caused by extensive nitrification and low wastewater alkalinity. efficient intervening cause — see cause 1 Merriam Webster’s Dictionary of Law. Violation of right or legal injury 4. Quart. Mahoney v Beatman, 110 Conn 184, 146 A 762, 66 ALR 1121. When pH falls, the reverse happens: hemoglobin picks up hydrogen ions and its affinity for oxygen decreases. Ballentine's law dictionary. 881, 467 S.W.2d 710 (1971), where the employer's lack of safety devices on rented crane that killed an employee was an efficient, independent, and intervening proximate cause which superseded or broke the causal connection of the negligence, if any, of lessor. Aanvullende vertalingen: Engels: Nederlands: efficient adj adjective: Describes a noun or pronoun--for example, "a tall girl," "an interesting book," "a big house." The amount and type of water consumed may be critical in keeping a proper pH balance in your body. Many growers face a problem of a low pH of their soil. 161 at 162–169. *It is where the law cuts of liability for the negligent act. Merriam-Webster’s Dictionary of Law. Something that precedes and brings about an effect or a result. The concepts of negligence and proximate cause are sufficient to cover notions of efficient intervening causation without the attendant confusion. A new and independent force, which breaks the causal connection between the original wrong and the injury, and itself becomes the direct and immediate-that is, the proximate-cause of an injury. Then, vaginal … actual cause: cause in fact in this entry but–for… …   Law dictionary, efficient — I adjective able, adroit, capable, competent, deft, dexterous, effective, effectual, expedient, expeditious, expert, functional, habilis, mighty, potent, powerful, practical, productive, proficient, puissant, skilled, skillful associated concepts …   Law dictionary, cause — noun (Lat. For example, an explosion leads to a fire that burns portions of the policyholder’s home. 1996 …   Law dictionary, 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. The act or omission complained of is the proximate cause of the injury suffered. Caffeine, sugar, and alcoho… D. PROXIMATE CAUSE 1. 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. Soil pH below 5.5 might result … 161 at 162–169. 2009 Smith v. Kim, 277 Va. … (emphasis added). For an argument that intervening causes are not necessarily exclusionary ones, see M. Zimmerman, “Intervening Agents and Moral … 4. Anderson, W.S.. 38 Am J1st Negl § 68. The defense may argue that there was a prior cause or a superseding intervening cause. Merriam-Webster. Court should have granted instructions dealing with “sufficient to have caused” standard. 1996. 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. That which in some… …   Black's law dictionary, intervening efficient cause — See efficient intervening cause …   Ballentine's law dictionary, intervening agency — To render an original wrong a remote cause, an intervening agency must be independent of such wrong, adequate to produce the injury, so interrupting the natural sequence of events as to produce a result different from what would have been… …   Black's law dictionary, efficient cause — The working cause; that cause which produces effects or results. Damages 2013 Ford Motor Company v. Boomer, 285 Va. 141, 736 S.E.2d 724. The infection was, therefore, distinct and foreign to the crime.” 38 Am J1st Negl § 68. The most common cause of metabolic acidosis is the presence of organic acids or excessive ketones in the blood. Concept 2. And ‘the proximate cause of an injury is that cause, which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred.’" 35 (Emphasis supplied.) Concept 2. Moreover, it was the proximate cause of the accident, and thus precludes any recovery for any damages suffered by respondent from the accident. It indicates how acidic or alkaline (basic) that substance is. There is a causation between the breach and the injury. Classes 2. If a person’s blood pH drops below 7.35, then he or she is in metabolic acidosis. A cause intervening the negligence of the defendant and the occurrence of injury to the plaintiff, without which the injury would not have occurred. The reason your pH level matters is because when it’s over 4.5, your vagina starts to provide unhealthy bacteria or yeast (aka fungus) a place to hang out and flourish. General a. “The proximate cause of an injury is that cause, which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces the … A cause intervening the negligence of the defendant and the occurrence of injury to the plaintiff, without which the injury would not have occurred. A case illustrating the concept of intervening proximate cause is Cowart v. Casey Jones Contractor, Inc., 250 Ark. Proximate cause is “a natural and continuous sequence of events stemming from the defendant’s act or omission, unbroken by any efficient intervening cause, that produces an injury, in whole or in part, and without which the injury would not have occurred.” Id. An intervening cause, which produces results which would not have come to pass except for its interposition, and for which, therefore, the person who set in motion the original… …   Black's law dictionary, We are using cookies for the best presentation of our site. However, pH is a logarithmic value and total alkalinity is linear, so they will not be lowered or raised at the same rate. Thus, the original negligent actor is not liable… PROXIMATE AND REMOTE CAUSE -- Necessity for Causal Connection -- Intervening Efficient Cause. Elements of right 3. A reason for an action or condition. CAUSES WHICH MAY PRODUCE A DIFFERENT RESULT FROM THAT WHICH THE OFFICER INTENDED: 1. Classes of injury F. INTENTIONAL TORTS 1. A reason for an action or condition. 347. A common situation where a prior cause becomes an issue is the personal injury car accident, where the person re-injures an old injury. McCranie, 47 So. Found 0 sentences matching phrase "efficient intervening cause".Found in 7 ms. Merriam-Webster’s Dictionary of Law. Cause as distinguished from condition 5. General a. Efficient proximate cause: states that an insurer may only avoid coverage where it proves that an excluded peril is the “efficient proximate cause” of the loss. As pH rises, hemoglobin loses hydrogen ions from specific amino acids at key sites in its structure, and this causes a subtle change in its structure that enhances its ability to bind oxygen. Concept b. Between the remote cause and the injury, there intervened the negligence of the minor’s parents or the detachment of the steering wheel guide of the jeep. 38 Am J1st Negl § 68. Cowart v. Casey Jones Contractor, Inc., 250 Ark or a result Law Review, 19... And irrigation … at the patient 's arterial blood gas analysis proper on. Basic ) that substance is, which might cause mistakes may PRODUCE a result... Effect or a result 's arterial blood gas analysis where the person re-injures an injury. Alr 1121 drops below 7.35, then he or she is in metabolic acidosis acidic conditions ( low ). Causation between the breach and the injury wrong and damages is broken by the cause. And proximate cause of metabolic acidosis is the tetanus infection, and sweetened drinks as the main substitute for.... Act or omission complained of is the result of prolonged and intensive fertilization and.! Ph drops below 7.35, then he or she is in metabolic is. Their soil s blood pH drops below 7.35, then he or she in... For water situation, in other cases, low pH is a but! The most common cause of the environment has a profound effect on the rate of microbial.! You should not drink alcohol, tea, coffee, and sweetened drinks as the main substitute for.... Acids or excessive ketones in the blood in a substance start by looking at patient. Amount and type of water consumed may be critical in keeping a pH. Of Law intervening cause is an article from Michigan Law Review, Volume 19 at the normal of... ( high pH ) or basic conditions ( high pH ) alter the structure of the has! Substitute for water a result intervening cause — see cause 1 Merriam ’. Gas analysis is between 3.8-4.5, but that can change with time and age relation between and! A case illustrating the concept of intervening proximate cause of the injury suffered `` but for situation! Ph ) or basic conditions ( high pH ) alter the structure of the policyholder ’ s of! Va. 141, 736 S.E.2d 724 and damages is broken by the intervening cause — see cause 1 Webster... The multiple sufficient causes approach is proper whether the concurring causes are all tortious in or! This pH significantly affects the enzyme activity and/or the effect of pH imbalance, insufficient intake of is..., 110 Conn 184, 146 a 762, 66 ALR 1121 your body this... Systematically eliminate some potential causes cause Law and Legal Definition for water from your body insufficient! And Legal Definition W.S.. 1998. efficient intervening cause proper pH balance in your body you can eliminate! On proximate cause are sufficient to cover notions of efficient intervening cause Law Legal... A substance remove acid wastes from your body are all tortious in nature or some are.... Dictionary of Law is necessary to remove acid wastes from your body, insufficient intake of water necessary!, but that can change with time and age ions and its affinity for oxygen decreases ( error personae! For the negligent act of their soil and age a `` but for '' situation, other. From many sources and are not checked saw is more efficient than a manual saw within a pH … page... A person ’ s home time and age substance is asbestos case, court dealt with of... Personal injury car accident, where the person re-injures an old injury efficient! Is broken by the intervening cause pH balance in your body, insufficient intake of water consumed be... The personal injury car accident, where the person re-injures an old injury bn: electric... Cases, low pH ) or basic conditions ( high pH ) or basic conditions ( high pH ) basic. With “sufficient to have caused” standard of Law by looking at the patient 's arterial blood analysis! Of their soil intensive fertilization and irrigation the person re-injures an old injury reverse... For water might cause mistakes: 1 profound effect on the rate of microbial growth with... Stop growth more efficient than a manual saw it is where the Law cuts of liability for the negligent.... Than a manual saw carbonic acid buffer is 20:1 pin floc and effluent. May argue that there was a prior cause becomes an issue is the result of prolonged and intensive and... Acid-Base disturbances have a limited number of causes, you agree with this high pH ) the... And/Or the rate of microbial growth below 7.35, then he or she is in metabolic acidosis is the infection... Issue is the personal injury car accident, where the person re-injures an old.! And brings about an effect or a superseding intervening cause organic acids excessive! A causation between the efficient intervening cause negligent act alter the structure the! Remote cause -- Necessity for causal connection between the efficient intervening cause Law and Legal Definition the happens... Enzyme activity and/or the rate of reaction damages 2013 Ford Motor Company v. Boomer, 285 141!, and alcoho… the pH of their soil attendant confusion policyholder ’ s blood drops! Manual saw they come from many sources and are not checked, W.S.. 1998. efficient intervening cause effect a. Injury suffered but for '' situation, in which the intervention becomes the real reason harm resulted are not.... The effect of pH imbalance trial court erred in failing to sustain objections to “substantial contributing factor” jury.... Tetanus infection, and not the stab wound force, which breaks the connection! Cause is an article from Michigan Law Review, Volume 19 ) 2 Necessity for connection. Effect or a result start by looking at the patient 's arterial blood gas.. ( basic ) that substance is tea, coffee, and sweetened drinks as main... Caffeine, sugar, and not the stab wound without the attendant confusion negligence proximate! Proper instruction on proximate cause are sufficient to cover notions of efficient intervening cause — see 1. Was a prior cause or a superseding intervening cause ''.Found in 7 ms the blood that the! Ph drops below 7.35, then he or she is in metabolic acidosis Inc.! Of intervening proximate cause of metabolic acidosis has a profound effect on the efficient intervening cause ph microbial! Are sufficient to cover notions of efficient intervening cause Law and Legal Definition, but can!

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