In Jure Non Remota Causa Sed Proxima Spectatur
Meaning of the Maxim
Latin: In jure non remota causa sed proxima spectatur
Translation: “In law, the immediate cause, not the remote cause, is to be considered.”
Explanation:
In legal matters, especially in tort law, the court considers the proximate (direct) cause of the harm rather than remote or indirect causes.
It emphasizes causation: The law does not punish acts that are only indirectly or remotely connected to the injury; it focuses on the act that is directly responsible for the damage.
This principle is particularly important in negligence and liability cases, where multiple factors may contribute to the harm.
Key Elements
Proximate Cause
The cause that immediately leads to the harm.
It must be directly linked to the damage.
Remote Cause
A cause that is indirect or too far removed from the damage.
Usually, the law does not hold a person liable for damages that are only remotely connected to their act.
Application in Law
Used to determine legal liability in torts, contracts, and criminal law.
Helps courts limit liability to consequences that are reasonably foreseeable.
Illustrative Case Laws
1. Barnett v. Chelsea & Kensington Hospital (1969, UK)
Facts: A man drank poison and went to the hospital, but the hospital negligently sent him home. He later died from arsenic poisoning.
Held: The hospital was negligent, but the proximate cause of death was the arsenic poisoning itself, not the hospital’s inaction.
Principle Applied: In jure non remota causa sed proxima spectatur – only the immediate cause of harm (arsenic poisoning) was legally relevant.
2. R v. Smith (1959, UK, Criminal Law)
Facts: A soldier stabbed another soldier. The victim received poor medical treatment afterward and died.
Held: The stabbing was the proximate cause of death, not the medical negligence.
Principle Applied: The law considers the immediate cause rather than remote causes.
3. Tort Law in India – M.C. Mehta v. Union of India (1987)
Facts: Gas leak from a factory caused injury.
Held: The factory’s negligence was the proximate cause of harm, even though other environmental factors contributed.
Principle Applied: Liability is based on the direct cause of damage, not remote or indirect factors.
Significance in Law
Limits Liability – Protects defendants from being held responsible for consequences that are too remote.
Focuses on Foreseeability – Only consequences that were reasonably foreseeable and directly caused by the act can attract liability.
Foundation in Tort Law – Essential in negligence cases to connect act and damage.
In short:
This maxim guides courts to focus on the direct link between the wrongful act and the damage, ignoring remote causes that are too indirect or speculative to justify liability.
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