Causa

Lat. A cause, occasion or reason. Causa proxima; the next or immediate cause, sometimes called causa causata; a cause produced by a previous cause. Causa remota; the remote or original cause; sometimes called causa causans, a cause producing another cause. In actions on the case, a distinction was formerly made between causa causans, the remote cause, and causa causata, the consequential damage, or immediate cause of the action.

3 Reeves' Hist. Eng. Law, 244.

Where a man is interrupted in exercising an office, that is causa causans, by which he loses his fees, &c., and that is causa causata, the immediate cause or point of the action.

9 Co. 50, 51; The Earl of Shrewsbury's case.

Causa proxima, non remota spectatur. The immediate, not the remote cause, is looked at, or considered.

3 Kent's Com. 302.

Story on Bailm. § 515, and notes. Or, in the language of Lord Bacon, In jure non remota causa, sed proxima spectatur. In law, not the remote but the immediate cause is considered. Bac. Max. Reg. 1. "It were infinite for the law to judge the causes of causes, and their impulsions one of another; therefore it contenteth itself with the immediate cause, and judgeth of acts by that, without looking to any further degree." Id. ibid. Lord Bacon has illustrated this maxim by examples of covenants, leases, feoffments and other conveyances. In modern practice, however, it is chiefly applied to the law of marine insurance, in which it is an established rule that the loss must be a direct or immediate, and not a remote consequence of the peril insured against.

Park on Ins. (8th ed.) 131. Broom's Max. 104.

Thus, if a ship be driven ashore by the wind, and in that situation be captured by an enemy, the loss is to be imputed to the capture, and not to the stranding. 3 Kent's Com. 302, and note. In this instance, the stranding is the causa remota, or causans; the capture the causa proxima, or causata.

But see 2 Bing. 205. 1 Story's R. 157.

The same maxim is applied in the law of agency; an agent not being responsible for a loss occasioned by an act or omission on his part, where the loss is merely a remote consequence of such act or omission.

Story on Agency, § 217 c.

Causa et origo est materia negotii

The cause and origin is the substance of the thing; the cause and origin of a thing are a material part of it. The law regards the original act.

1 Co. 99, Shelley's case.

This is substantially the same with the maxim of the civil law: Cujusque rei potissima pars principium est. The chiefest part of every thing is the beginning.

Dig. 1. 2. 1.