novus actus interveniens

Novus actus interveniens is an independent act of a third party, the claimant himself, or a natural event, occurring after the defendant's wrong, which is so significant that it becomes the real cause of the harm. The defendant is then not liable for the harm caused by that later act.

An intervening act does not break the chain if it was a foreseeable or natural consequence of the defendant's wrong, or was done in an emergency the defendant created, such as a rescuer's act. The concept applies in both tort and criminal law; in criminal law, poor medical treatment of a victim rarely breaks the chain unless it was so independent and potent that the original wound became merely the setting for the death.

Example

The thief who stole from the unlocked shop after the accident was a novus actus interveniens, so the negligent driver was not liable for the stolen goods.

In Indian law

• Haynes v. Harwood (Court of Appeal, England, 1935): rescuer's act does not break the chain

See also

remoteness of damage · causa proxima non remota spectatur · negligence

Read more in the study notes

• Liability: theory, conditions, the wrongful act, damnum sine injuria and causation (Jurisprudence)
• Remedies and remoteness of damage (Law of Torts)