...expressed in Latin either by the maxim volenti non fit injuria (Mr. Lynch had consented to the injury he received) or by saying that his suicide was a novus actus interveniens. He also gave the...suicide, while of sound mind, was a novus actus interveniens which negatived the causal connection between the breach of duty and the death. He said at first that he was going to argue the...commissioner namely "novus actus interveniens," "volenti non fit injuria" and contributory negligence were made out and that the appeal should be allowed. Morritt L.J. considered that both the defences...

...application of the principle to the circumstances of the case in hand. The principle may be expressed interrogatively thus—“Is the condition of the workman due to the original accident or to a novus actus interveniens?...actus interveniens? Or, as it was put in DoolanDoolan ( novus actus interveniens? Doolan novus actus interveniens...case appears to me to be a fortioria fortiori of a fortiori novus actus interveniens novus actus interveniens If it be said tha...

...his negligence would have occasioned nothing more than a headache in a normal man. (2) Novus actus interveniens: the proposition that a supervening negligent act or omission...Mr Walker's submission that the only question is what would the position have been absent the second tort. 28 I will start with novus actus interveniens. Mr Livesey submitted (in fact...to a novus actus interveniens. 29 On these materials it does not seem to me to be established as a rule of law that later negligence always extinguishes the causative potency of an...

...by his own unreasonable conduct. His unreasonable conduct is novus actus interveniens. The chain of causation has been broken and what follows must be regarded as caused by his own conduct and not by...is liable for all damage that was reasonably foreseeable: depending on the circumstances, the defender may not be liable for damage caused by a novus actus interveniens or unreasonable conduct on the...Corr v IBC Vehicles Ltd [2008] UKHL 13, "the rationale of the principle that a novus actus interveniens breaks the...

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...workman's widow claiming compensation for his death the employers pleaded that the second operation was a novus actus interveniensnovus actus interveniens taking the case outwith the Act.... novus actus interveniens HeldHeld that the arbitrator was entitled to find that the workman's death resulted from the accident. HeldHeadnote...his employment on 26th October 1911, and that death was a result of said accident? 2. Whether the operation was a novus actus interveniensnovus actus interveniens taking the case outside the Act...

...this point in his judgment, it might have been preferable that we should not do so. Nevertheless there is a separate issue whether the wrongful sale of the car was novus actus interveniens and thus...Customer's wrongful sale of the car was novus actus interveniens. This issue was considered by the judge, although the brief note of his judgment on this point is corrupt and is not agreed by counsel. It...is implicit in his decision to award 1600 damages to the Finance Company that the sale was not novus actus interveniens: otherwise on the figures in this case he would have been bound to find that the...

...Room 357 so as to step across the gap to the balcony of Room 358 was "so unexpected and/or foolhardy as to be a novus actus interveniens" [19]. The judgment15. The...the central issue on the appeal. 19. The judge described the novus actus interveniens defence in the following terms at [19]: "The Defence pleads the exception to liability...general terms that even if breach of contract or negligence were proved, the action the Claimant elected to take should be regarded as a novus actus interveniens. 20. He...

...conduct is novus actus interveniens. The chain of causation has been broken and what follows must be regarded as caused by his own conduct and not by the defender's fault or the disability...which a reasonable man could foresee. What can be foreseen depends almost entirely on the facts of the case, and it is often easy to foresee unreasonable conduct or some other novus actus interveniens as...being quite likely. But that does not mean that the defender must pay for damage caused by the novus actus. It only leads to trouble if one tries to graft on to the...

...unauthorised repetition of a libel as a novus actus interveniens breaking the chain of causation between the original publication and the damage suffered by the injured party through repetition or...publication in the press and that that publication was a novus actus interveniens? 15. We were taken through a number of authorities some of which were examples of the court ruling...that the intervention of a third party was a novus actus interveniens, others apparently deciding that it was not. Thus...

...that that conduct eclipses the defendant's wrongdoing and constitutes a novus actus interveniens": Clerk & Lindsell on Torts (20th ed) para 2 -119 or, as the defendant put it in the skeleton argument...trailing leg. In other words he nearly missed him. It was open to the judge to find that if he had been going 10mph slower he would have missed him. Novus actus interveniens27...conduct is novus actus interveniens. The chain of causation has been broken and what follows must be regarded as caused by his own conduct and not by the defender's fault or the disability caused by...

...that in fact occurred. 3. Leaving aside at that stage the important question of whether Mr Lynch's own act was a novus actus interveniens, there was causative link between the...Lynch's suicide was a novus actus interveniens, thus defeating the plaintiff's claim on grounds of causation. Although logically that issue should come first, involving as it does an alleged failure on...Commissioner in this case. Novus actus interveniens I deal with this matter at this stage because the judge treated the plea or assertion of novus actus as being closely bound up with the defence of...

...there was negligence on the part of either of the defendants. They raise difficult questions of novus actus interveniens. As far as the fourth defendant is concerned, it is submitted on his behalf that...actus interveniens and possibly also the question of causation. I think that all the issues are closely interlocked with each other. It is not therefore a case where we could say that we would give...granting permission it means that the claimant will not be successful in the case. But, in my judgment, it is a case which requires the consideration of this court, not least on the question of novus...

...then. Judge Mc William rejected the plea of novus actus interveniens and found that the damage suffered by the Plaintiff was reasonably foreseeable on the basis of the test laid down by Lord...to be regarded as a novus actus interveniens which broke the chain of causation. I am bound by neither of the foregoing decisions. I do not know what arguments were adduced in...driving of the car was a novus actus and was the sole cause of the Plaintiffs injuries. He said that the question to be decided was whether a duty was owed by his client to the person who was...

...teach referral by the respondents. The Tribunal reasoned that the decision by the GTCS further to investigate the referral was a novus actus interveniens which broke the chain of causation between the...Tribunal's conclusion that the decision by the GTCS was a novus actus interveniens which broke the chain of causation was perverse / wrong in law (Ground 1). She accordingly seeks to have paragraph (Three.... Relevant law16. The rationale for the principle that a novus actus interveniens breaks the chain of causation is fairness. It would be unfair to hold a wrongdoer liable for...

...cause at the time of the collision. The trial judge drew on the novus actus interveniens maxim in his analysis of the issue, an approach to which the appellant has raised an objection on fair...to take reasonable steps to protect the plaintiff against a risk of harm at the hands of third parties, the defendant cannot rely upon a novus actus interveniens if that risk..., uninterrupted legal cause of events which continued to subsist at the time of the collision. However, the terminology of novus actus interveniens comes more readily to mind when, in a case of...

...situation was avoidable such that the losses in issue would not have been incurred." 11. Based upon Mr. Crowther's report the defendants advance the defence of novus actus interveniens; that...an old phrase a novus actus interveniens or a nova causa interveniens and it cannot be blamed on the fire."14. And then at page 5D: "I have come to the...directly put to him on this application but he does not refer to any of the considerable amount of available learning and authority on the doctrine of novus actus interveniens. As he describes the...

...was not a foreseeable consequence of the Defendant's driving. He says, alternatively, that the decision of the Claimant to jump out of the taxi was a novus actus interveniens which broke the chain of...remoteness which involves a value judgment to determine whether that conduct amounts to contributory negligence or goes further and amounts to a novus actus interveniens. The rule of law under...and not to some novus actus interveniens. This is because the test of remoteness in false imprisonment is directness of the consequence, not foreseeability of the damage. Clerk & Lindsell explains the...

...Midland, any one of which would constitute a novus actus interveniens. Counsel for LCC relies on the cases of Conole v. Red Bank Oyster Company...above constitute a novus actus interveniens thereby shifting legal causation from LCC to RPS and in this regard counsel relies on the decisions of the Supreme Court in the cases of...ultimately injured to that known risk. Counsel on behalf of RPS submits that none of the acts of RPS could be considered in law to be a novus actus interveniens. Counsel submits that in order...

.... The defendants deny liability, deny that they owed any duty of care to the plaintiff, plead a novus actus interveniens and further pleaded the provisions of s. 35(1)(i) of the Civil Liability...actus interveniens. (d) If there is a duty of care and if the principle of novus actus interveniens does not apply, do the provisions of s. 35(1)(i) of the Civil Liability...Direction on Day 7. That determination by the court does not satisfactorily deal with the issue of duty of care. The defendants’ Direction application was on the principal of novus actus interveniens and...