Novus Actus Interveniens Flashcards
Three forms of NAI
Intervening act of claimant
Intervening act of third party
Intervening act of nature
C may break chain of causation through unreasonable act
McKew v Holland (Hannen Cubbitts)
C’s poor judgement can be reflected as contributory negligence
Spencer v Wincanton
Suicide does not break the chain of causation where it is found to be involuntary as a result of impaired mental function due to depression
Corr v IBC
Negligence of third party can break chain of causation
Knightley v Johns
Negligence does not always break the chain
Rouse v Squires
Negligence in medical treatment does not break chain unless it is so grossly negligent as to be completely inappropriate
Webb v Barclays Plc
Deliberate/Criminal acts very likely to break causation
Dorset Yacht co
Intervening act of nature breaks chain
Carslogie Steamship