CAUSE - Civ. Law. This word has
two meanings. 1. It signifies the delivery of the
thing, or the accomplishment of the act which is the
object of a convention. 2. It is the consideration
or motive for making a contract. An obligation without
a cause, or with a false or unlawful cause, has no
effect; but an engagement is not the less valid, though
the cause be not expressed. The cause is illicit,
when it is forbidden by law, when it is contra bones
mores, or public order.
Torts, Crim. That which produces an effect.
In considering a contract, an injury, or a crime
the law for many purposes looks to the immediate and
not to any remote cause. If the cause be lawful, the
party will be justified; if unlawful, he will be condemned.
The following is an example in criminal law of an
immediate and remote cause. If Peter, of malice prepense,
should discharge a pistol at Paul, and miss him, and
then cast away the pistol and fly and, being pursued
by Paul, he turn round, and kill him with a dagger,
the law considers the first as the impulsive cause
and Peter would be guilty of murder. But if Peter,
with his dagger drawn had fallen down, and Paul in
his haste had fallen upon it and killed himself, the
cause of Paul's death would have been too remote to
charge Peter as the murderer.
In cases of insurance, the general rule is that the
immediate and not the remote cause of the loss is
to be considered; causa proximo non remota spedatur.
This rule may, in some cases, apply to carriers.
For the breach of contracts, the contractor is liable
for the immediate effects of such breach, but not
for any remote cause, as the failure of a party who
was to receive money and did not receive it, in consequence
of which he was compelled to stop payment.
Pleading. The reason; the motive.
In a replication de injuria, for example, the plaintiff
alleges that the defendant of his own wrong, and without
the cause by him in his plea alleged, did, etc. The
word cause here means without the matter of excuse
alleged, and though in the singular number, it puts
in issue all the facts in the plea, which constitute
but one cause.
Practice. A contested question before a court of
justice; it is a Suit or action. Causes are civil
or criminal.
