In order to be regarded as a
legal cause of [loss] [injury] [or] [damage], breach of fiduciary duty need not be its only cause.
30) The Restatement (First) of Torts embraced an idea of
legal cause that included concepts from factual cause and proximate case analysis, while the Restatement (Third) of Torts separates factual and proximate cause.
One Court of Appeals has stated: "A plaintiff proves proximate cause, also referred to as
legal cause, by demonstrating 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" (Barrett v.
Not doing so may result in liability if the failure is the
legal cause of death or injury.
17 of last year, he 'made the decision based on good, sufficient and
legal cause to order the arrest of Michael Lacey and Jim Larkin,'" the Republic reported.
Courts generally have found that the issue of whether a defendant's conduct was a proximate cause in bringing about the plaintiff's injuries is a question for the jury; however, where only one conclusion may be drawn from the established facts, the question of
legal cause may be decided as a matter of law.
Alternatively, a defendant may argue, that the actions of that group or person(s) directly harmed the victim and were the sole cause of the plaintiff's injuries such that there can be no other
legal cause (e.
The true tale of Kiranjit Ahluwalia, whose jailing for the murder of her husband became a
legal cause celebre.
But while Padilla remained in the dark, his case became a
legal cause celebre.
Nurse Brown filed a Petition for Appeal from her termination, denying all of the allegations and averring that the disciplinary action was unwarranted and unjustified because there was no
legal cause (i.
21) This being the case, she continues, "we can identify the fertilized ovum to be the
legal cause of a woman's pregnancy state.
it then becomes the duty of the defendant to prove, by a preponderance of the evidence, that defendant's negligent failure to obtain access to the hammer was not a
legal cause of damage to plaintiff.
