Sentences with phrase «chain of causation»

The Court held that Wilk's decision to leave the safety of the path, and proceed down the icy slope to retrieve the dog, interrupted the alleged chain of causation and was an intervening act: «Given this voluntary, intervening act, Mr. Arbour's alleged negligence was not the proximate cause of Ms. Wilk's injury.»

It must of necessity be a multifarious world, a world with many patterns, and plots and chains of causation existing side - by - side, occasionally impinging on each other and intersecting each other and throwing each other off course.

«Tina Grotzer's outstanding scholarship focuses on how students understand scientific concepts and processes, and, especially, complex chains of causation — a major component of modern science,» said Dean Kathleen McCartney.

I'll return to this Rube Goldberg chain of causation later, when I fly home over the Gulf Stream up above 60 ° North, whose warmth encourages the air to rise and thereby helps to stabilize the present cell pattern.

«Proving that these particular emissions that came from these fossil fuel companies led to this particular level of sea level rise and contribute X amount to harms that have happened or will happen — that's a long chain of causation.»

It must be proven that there is a direct causal relationship between the insured person's impairments and the use or operation of the vehicle in question (the «chain of causation test» or, simply, the «causation test.»)

There is, in my view, a clear unbroken chain of causation from his negligent act to her injuries.»

However, one could argue that the «legal chain of causation» might have been «broken» if the evidence had been that the donor intentionally ignored the CRCS's guidelines when donating, knowing that the guidelines meant the donor wasn't supposed to donate.

It held that the alleged chain of causation was «perfectly plausible.»

On the other hand, there certainly seems to be the possibility of breaking the chain of causation.

The chain of causation you can clearly examine in the materialist sense.

Yet it is clear that if we are going to question the idioms of the omnicompetent state and the chain of causation we have to take serious stock of movements and ideas breaking out beyond our own borders.

We are thinking of a significance other than that which the event has as part of the chain of causation which has produced the later time.

One is against animal sacrifice, one against self - mortification; one is on the Chain of Causation and the theories of the soul.

Its documented efficacy [17] suggests it would be a powerful link in the chain of causation between food advertising and obesity.

The geochemist Wallace Broecker, to whom we owe a number of the important ideas about abrupt climate change, speculates that there is a chain of causation starting with more far - northern winter sea ice and (because of the ice preventing the winds from stirring up waves and evaporation and salt excess) thereby fewer sinks for the Gulf Stream, which in turn diminishes the big conveyor loop of currents linking the North Atlantic to the Pacific.

The post likens the Katrina plaintiffs» claims, which set out a chain of causation, to the litigation equivalent of «Six Degrees of Kevin Bacon.»

The court rejected the somewhat adventurous argument that the terrible standard of driving broke the chain of causation since the theft, given that speed was required because of the theft.

The evidence established that, but for the tort, the claimant would not have developed PTSD and committed manslaughter, so that offence did not break the chain of causation.

The defendants asserted that his suicide was outside their duty of care, that it was too remote, that it could not have been reasonably foreseen and that the fatal act had broken the chain of causation.

The Ontario Court of Appeal recently held that a broad contributing cause exclusion does not apply simply because an excluded peril was included in the chain of causation.

This broke the chain of causation between Mrs Staveley's decision not to access the funds herself, and the transfer of death benefits to her sons in line with her letter of wishes.

So would the fact that a judge would say (or thought it had to be said), in a recent case, that A's delegation of A's contractual duty to perform to C — C didn't perform properly, B sued — did not break the chain of causation.

Although the claimant's injuries were exacerbated as a result of chiropractic treatment this did not break the chain of causation.

«The chain of causation will be broken where an intervening event, rather than the defendants» conduct, is considered the proximate or legal... Continue reading →

It was for the trial judge to decide whether it did break the chain of causation.

The question for the House of Lords was whether his suicide was a novus actus interveniens (a new intervening act breaking the chain of causation) or was his suicide a «reasonably foreseeable» consequence of his depression?

The first driver's attorneys argued that the negligence of the second driver was an «efficient intervening cause» in the chain of causation between the first crash and the death of the family, and that their client should not be responsible for the deaths.

The legal profession does not agree about what exactly is meant by «injury to Aboriginal culture,» what are the defining characteristics of the wrong, what theories of liability support it, how causation may be determined, where the chain of causation ends and how damages should be conceived and calculated.

These allegations do not constitute intervening acts of negligence that severed the chain of causation.

It's difficult to trace the chain of causation, but it seems clear that blogging is an excellent tool for networking among other attorneys and spot lighting one's self.

The evidential burden of showing that the crime and Gray's subsequent incarceration amounted to a break in the chain of causation was on the defendant and where the manslaughter either did not break the chain of causation or where any contributory fault on the part of the claimant was less than 100 %, the claim would not be so inextricably bound up with the criminal conduct so as to be prohibited by public policy.

Their decision not to do the only option they were left with after Mr. Zinkhofer gave away their rights, does not snap the chain of causation, such that they were the cause of the loss of the litigation against the Woods.

The authority considered that was not sufficient to break the chain of causation.

But, where does the chain of causation end?

She held that if the defendant could show the loss was caused by factors other than the misrepresentation, then the chain of causation was broken.

Research over the past decade suggests a chain of causation may be present between mental health conditions (in particular, serious psychological distress) and chronic disease.