What is a necessary element of recovery for damages against a notary?

For a notary to be held liable for damages arising from their actions, there must be a clear connection between the misconduct (such as negligence or improper performance of duties) and the damages suffered by the injured party. This connection is known as proximate cause. It establishes that the misconduct was not just a contributing factor, but a direct cause leading to the damages incurred.

For instance, if a notary improperly witnesses a signature and this improper action results in financial loss or legal complications for a party, it can be demonstrated that the misconduct of the notary is indeed proximately related to the damages. Without establishing this direct relationship, a claim for damages may be unsuccessful, as the injured party needs to prove that their losses were a foreseeable result of the notary's actions.

This element of proximate cause is crucial in legal claims, as it ensures that notaries are held accountable for their actions in a manner that is fair and just, correlating their conduct directly with the harm experienced by another party.