PROXIMATE AND REMOTE DAMAGES
\pɹˈɒksɪmˌe͡ɪt and ɹɪmˈə͡ʊt dˈamɪd͡ʒɪz], \pɹˈɒksɪmˌeɪt and ɹɪmˈəʊt dˈamɪdʒɪz], \p_ɹ_ˈɒ_k_s_ɪ_m_ˌeɪ_t a_n_d ɹ_ɪ_m_ˈəʊ_t d_ˈa_m_ɪ_dʒ_ɪ_z]\
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Proximate damages are the immediate and direct damages and natural results of the act complained of, and such as are usual and might have been expected. Remote damages are those attributable immediately to an intervening cause, though it forms a link in an unbroken chain of causation, so that the remote damage would not have occurred if its elements had not been set in motion by the original act or event. Henry v. Railroad Co., 50 Cal. 183; Kuhn v. Jewett, 32 N. J. Eq. 649; Pielke v. Railroad Co.. 5 Dak. 444, 41 N. W. 669. The terms “remote damages†and “consequential damages†are not synonymous nor to be used interchangeably; all remote damage is consequential, but it is by no means true that all consequential damage is remote. Eaton v. Railroad Co., 51 N. II. 511, 12 Am. Rep. 147.
By Henry Campbell Black
Word of the day
basidiomycota
- comprises fungi bearing the spores on basidium: Gasteromycetes (puffballs); Tiliomycetes (comprising orders Ustilaginales (smuts) and Uredinales (rusts)); Hymenomycetes (mushrooms; toadstools; agarics; bracket fungi); in some classification systems considered a division of kingdom comprises fungi bearing spores on a basidium; includes Gasteromycetes (puffballs) Tiliomycetes comprising the orders Ustilaginales (smuts) and Uredinales (rusts) Hymenomycetes (mushrooms, toadstools, agarics bracket fungi).