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Example
Case laws
Exceptions / limits
Opposite / Related
Exam tip
Memory trick
Key takeaway
Novus actus interveniens
| Literal meaning | A new act intervening |
|---|---|
| Pronunciation | NOH-vus AK-tus in-ter-VEE-nee-enz |
A new, independent event that breaks the chain of cause between the defendant's act and the damage. The defendant is not liable for harm caused by the new event.
Example
A person injures another, who is taken to hospital. A surgeon operates grossly carelessly and the patient dies from the surgery. The surgeon's act can break the chain.
Case laws
- McKew v. Holland & Hannen & Cubitts (1969), House of Lords: a man with a leg weakened by an earlier accident fell down steps and was injured. Held: his own unreasonable conduct broke the chain of cause.
Exceptions / limits
A natural or foreseeable act of a third person or of the victim does not break the chain.
Exam tip
Asked under causation and remoteness of damage.
Memory trick
A new act cuts the chain.
Key takeaway
A new independent act can end the defendant's liability for later harm.
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