The question (13 marks)
Explain the maxim in jure non remota causa sed proxima spectatur, and discuss the test by which the law selects the cause it will look to. How does the law's selection differ from the scientist's? (13 marks)
MU Module IV, head 4.2.1 in jure non remota causa sed proxima spectatur; pack ch. 04 section 4.1.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 4 · Causation, Legal Maxims, Equality and Ends and Means of Logic – II.
Authorities you will need
- Pink v. Fleming (1890)
- Montoya v. London Assurance Co.
- Tootal v. L Fire Co.
- New India Assurance v. Zuari Industries
- Re Polemis (directness test) and The Wagon Mound (foreseeability test)
- Scott v Shepherd and Haynes v Harwood (novus actus interveniens and causa causans)
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.