PQ (Intervening Acts)

Question 1

When can a chain of causation be broken?

Answer 1

• Chain of causation can be broken by an intervening act if the positive act is deliberate, informed, voluntary and unreasonable.

Both D and the person committing the intervening act can be the factual cause of loss.

Question 2

What types of intervening acts will break the COC?

Answer 2

1) Act of third parties
2) Act of Claimants
3) Unrelated act (Exception)

Question 3

When will the act of third parties break the COC?

Answer 3

• usually dealt with by contributory negligence
  1. Acts of 3rd parties that are DIVU (Deliberate, informed, voluntary ; unreasonable)

Knightley v Johns
Facts: D overturned car in tunnel and police ordered a motorist to close the tunnel.

C drove against the traffic and collided with another motorist

Held that D was not liable for second incident as both C and police officer actions in the circumstances were unreasonable

Exceptions:
N/A if it was D’s responsibility to protect C from being harmed by such third parties [Stansbie v Troman] - decorator left the house unlocked for 2 hours which resulted in burglary

Question 4

When will Acts of Claimants break the chain of causation?

Answer 4

• usually dealt with by defence of contributory negligence
  1. Particularly unreasonable acts will break the COC

[Mckew v Holland] -

Facts: D climbed down stairs without handrail even though injured. injury was caused by the D, but for the subsequent injury due to the fall, D was not liable.

Claimants act must be voluntary [Corr v IBC Vehicles]
- C disfigured face as a result of work accident. Committed suicide as a result of it.
HELD: C’s conduct was not voluntary and not an intervening cause.
depression cannot be a voluntary conduct.

exceptions:

1. if C does an everyday task, then it will not be considered unreasonable enough. [Spencer v Wincanton]
   Claimant tried to claim damages for addtional disability making him wheelchair bound but was dismissed as he was doing while filling up petrol (everyday task as he was a driver)
   NAI requires a high level of unreasonableness
2. NAI will not apply when D;s duty was to prevent C from acting in this way
   [Reeves v MPC} -
   FACTS: Prisoner was a suicide risk and police did not take reasonable steps to ensure that he was alive.

Held that D was liable because it was his Duty to prevent C from killing self

Question 5

What will not break a chain of causation?

Answer 5

An omission - however DIVU will not break a COC.

Exception: Is when the defendant’s tort caused some harm which C could have avoided.

McAuley v London Transport Executive - D’s tortious activity resulted in C’s harm and C refused to seek treatment.

Question 6

What are the 5 elements needed to establish a NAI?

Answer 6

1) Positive Act
2) Deliberate : the act was done intentionally
3) Informed : knowing the consequences of acting in this way
4) Voluntary : not under pressure or mental incapacity
5) Unreasonable

Question 7

What will break the COC?

Answer 7

1) Natural events that are unforeseeable