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The Divorce Encyclopedia
Proximate Cause

Term Definition Proximate Cause - the immediate or efficient cause of a legal action.
Application in Divorce One of the elements in a tort action is proximate cause, which is the immediate or efficient cause of action.

As this applies in a marital tort associated with a divorce actions, the proximate causes follows a breach of duty and a cause for (or) of legal action. For example, in the case of a spouse who gives a partner a sexual disease, the proximate cause is based on a standard of care expected of persons who know or show know they have a sexual disease. The person who knows or should know is at risk and that risk is foreseeable and actionable.

The proximate cause is the specific one, the one which "stands next in causation to the effect, not necessarily in time and space but in causal relationship."

See also Cause For (or) Of Action; Legal Causation.

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