intervening acts

Question 1

what is an intervening act?

Answer 1

• break in the chain of causation,
• the question is whether the injury or damage was a foreseeable consequence of the original negligent act,

Question 2

the intervening act can be:

Answer 2

• an act of the claimant,
• an act of nature,
• a third party,

Question 3

an act of the claimant case

Answer 3

• Mckew v Hollands,

Question 4

Mckew v Hollands

Answer 4

• act of the claimant,
• the claimant suffered a leg injury at work and the employer accepted liability,
• whilst injured the claimant tried to climb down a steep staircase unaided which resulted in a broken leg and permanent disability,
• the climbing down the stairs was considered an intervening act and the employer was not liable,

Question 5

an act of nature case

Answer 5

• Carslogie Steamship Co v Royal Norwegian Government,

Question 6

Carslogie Steamship Co v Royal Norwegian Government

Answer 6

• act of nature,
• a ship suffered damage in a collision with the Carslogie, which was solely to blame,
• temporary repairs were made to H in the UK before it sailed to the USA for permanent repairs,
• during the crossing the ship suffered further damage in a storm,
• the storm broke the chain of causation so the defendant was not liable for the storm damage,

Question 7

a third party case

Answer 7

• Knightly v Johns,

Question 8

Knightly v Johns

Answer 8

• third party,
• Johns drive negligently and overturned his car at the exit of a tunnel,
• the senior police officer in attendance forgot to close the tunnel and ordered another officer to ride his motorcycle through the one way tunnel to close it at the other end,
• this resulted in a crash and he was injured,
• this was an intervening act and Johns was not responsible for the injuries to the officer,