CAUSE, LEGAL CAUSE AND PROXIMATE CAUSE. II

Authors

Albert Levitt, Professor of Law, University of North Dakota

Abstract

The problem connected with finding a passive situation to be a proximate cause is very different from that connected with finding an active force as a proximate cause. The reason for this difference is that the situation does nothing actively. It simply exists. Before it can contribute to an injury a force must be ejected from it or else the injured party must be brought, or bring himself, into contact with it. The situation never does; it just is. It is never an aggressor. Its contribution to any given injury is a passive contribution. The situation is usually created by the exercise of a force. But the force ceases to operate actively when the situation is created. Only the situation remains. The force is gone, and the situation is immobile.

Recommended Citation

Albert Levitt, CAUSE, LEGAL CAUSE AND PROXIMATE CAUSE. II, 21 Mich. L. Rev. 160 (1922).
Available at: https://repository.law.umich.edu/mlr/vol21/iss2/3