Key Takeaways

  • In law, the term cause refers to the reason or motive behind a contract, act, or legal action.
  • A lawful cause makes an obligation enforceable, while an unlawful cause renders it void.
  • In insurance and tort law, courts typically consider the proximate cause rather than remote causes when assigning liability.
  • In litigation, pleading a cause involves stating the reason or grounds for action, while the “practice of cause” refers to a contested legal matter before the court.
  • Employment and contract law often define “cause” as a legitimate ground for termination or enforcement, commonly tied to misconduct, breach, or nonperformance.
  • Causation in criminal and civil law often requires proving both actual cause (“but-for” cause) and proximate cause (legal cause).

Cause

Defined

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.

How Cause Works

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.

Civil Law and Common Law Perspectives

In civil law systems, cause is often equated with the underlying reason or justification for a contractual obligation. It represents the lawful purpose behind an agreement, such as exchanging services for payment. Without a valid cause, the contract may be deemed void. In common law, the term overlaps with the concept of consideration, meaning there must be something of value exchanged. However, the two are not identical: while consideration emphasizes the exchange, cause emphasizes the lawful purpose behind it.

Cause in Insurance

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.

Proximate Cause in Liability and Damages

Courts apply the doctrine of proximate cause to determine whether a defendant’s actions are closely enough connected to the harm suffered to justify liability. This principle ensures that individuals are not held responsible for every conceivable outcome of their actions but only for those reasonably foreseeable and directly linked.

For example, in tort claims, proximate cause limits recovery to harms that naturally flow from the act, rather than from a remote or coincidental chain of events. Similarly, in insurance law, identifying the proximate cause of loss is critical to establishing coverage and determining which risks the insurer must bear.

Pleading the Cause

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.

Cause in Employment and Contract Termination

In employment agreements, “cause” often serves as a standard for lawful termination. Employers may terminate an employee for cause when there is misconduct, violation of company policies, failure to perform duties, or breach of fiduciary obligations. Contract law follows similar reasoning: when a party fails to uphold material obligations, the breach provides cause for the other party to terminate the agreement or seek remedies.

Common contract definitions of “cause” include:

  • Employee misconduct such as dishonesty, theft, or insubordination.
  • Breach of contract by failing to perform essential duties.
  • Violation of law that affects the contractual relationship.
  • Failure to meet performance standards agreed upon in the contract.

These definitions help set clear expectations and reduce disputes about what justifies termination or enforcement.

Practice of Cause

A contested question before a court of justice; it is a suit or action. Causes are civil or criminal.

Actual Cause vs. Legal Cause

Courts often distinguish between actual cause and legal (proximate) cause.

  • Actual cause, also known as the “but-for” cause, asks whether the harm would have occurred but for the defendant’s conduct.
  • Legal cause examines whether it is fair or reasonable to hold the defendant responsible for the harm, considering foreseeability and policy factors.

This distinction is particularly important in criminal law, where establishing actual cause links the defendant’s conduct to the outcome, while proximate cause ensures that liability is not unfairly extended to distant or unpredictable consequences.

Frequently Asked Questions

1. What does cause mean in a legal contract?

Cause in a contract refers to the lawful purpose or motive behind entering the agreement. Without a valid cause, the contract may be invalid.

2. What is the difference between cause and consideration?

Cause is the lawful purpose of a contract, common in civil law, while consideration refers to the value exchanged between parties, a requirement in common law.

3. What does termination “for cause” mean?

Termination for cause typically allows an employer to dismiss an employee due to misconduct, breach of duties, or failure to perform contractual obligations.

4. What is proximate cause in tort law?

Proximate cause determines whether the defendant’s actions are closely enough related to the harm to impose liability, focusing on direct and foreseeable results.

5. How do courts distinguish actual cause and legal cause?

Actual cause answers whether the harm would have occurred without the action. Legal cause limits liability to consequences reasonably foreseeable and fairly attributable to the defendant.

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