ABSTRACT

The proximate cause rule is explained in this chapter. A number of related concepts, such as concurrent causes, the meaning of remote causes, and the but for test are also included in this chapter. The key words are: MIA 1906, s. 55, proximate cause, remote cause, efficient cause, the common-sense standard, the but for test, concurrent causes, independent and interdependent concurrent causes, burden of proof, on the balance of probabilities, perils of the sea, fortuity, duress, perils on the sea, the Inchmaree clause, ordinary wear and tear, inherent vice, delay, ordinary action of wind and waves, latent defect, negligence, wilful misconduct, bursting of boiler, breakage of shaft, latent defect, unseaworthiness, seawater entry, piracy, thieves, barratry, fire, collision, both to blame, cargo risks, all risks, ICC 2009 (A)(B)(C), war risks, hostilities, warlike operations.