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Chapter 3

Novus actus interveniens

Where there is a new intervening act this may break the chain of causation removing
liability from the defendant. There are three types of intervening act that will break the
chain of causation.

1 Act of the claimant

Where the new intervening act is that of the claimant, the test is whether the
claimant acted reasonably in the circumstances. If the claimant's actions are
deemed reasonable the chain of causation remains intact and the defendant is
liable for the actions of the claimant. If, however, the claimant's actions are
unreasonable in the circumstances the chain of causation is broken and the
defendant is not liable for the actions of the claimant.

2 Act of a third party

Where the new act is of a third party, the test is whether the act was
foreseeable. If the act of the third party is foreseeable, the defendant remains
liable and the chain of causation remains intact. If the act of the third party is not
foreseeable this will break the chain of causation and the defendant is not liable
for the actions of the third party

3 Natural events

Where the new act is of a third party, the test is whether the act was
foreseeable. If the act of the third party is foreseeable, the defendant remains
liable and the chain of causation remains intact. If the act of the third party is not
foreseeable this will break the chain of causation and the defendant is not liable
for the actions of the third party

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