Define: Novus Actus Interveniens

Novus Actus Interveniens is a Latin legal term that translates to “a new intervening act.” It refers to a principle in criminal law and tort law where a new and independent act occurs, breaking the chain of causation and relieving the original wrongdoer of liability.

Novus Actus Interveniens is significant because it determines whether the defendant’s actions were the proximate cause of the harm or injury suffered by the plaintiff or victim. If a new intervening act occurs, it may absolve the defendant of liability.

Examples include:

• A third party’s intentional or negligent act that contributes to the harm suffered by the victim.
• The victim’s own voluntary act or decision that worsens their condition or leads to unforeseen consequences.
• Medical treatment or intervention that exacerbates or alters the original injury.

In tort law cases, Novus Actus Interveniens may arise when an unforeseeable or independent event occurs after the defendant’s negligent act, breaking the chain of causation and relieving the defendant of liability for the resulting harm.

Factors include:

• Foreseeability of the intervening act.
• The extent to which the intervening act was voluntary or deliberate.
• Whether the intervening act was an independent and significant cause of the harm.
• Whether the defendant’s original act was a substantial factor in causing the harm.

Yes, if the intervening act is sufficiently independent, unforeseeable, and breaks the chain of causation, it can completely absolve the defendant of liability for the harm suffered by the plaintiff or victim.

Yes, there are exceptions, such as:

• The doctrine of foreseeability, where the defendant should have reasonably anticipated the intervening act.
• Cases involving concurrent causes, where both the defendant’s actions and the intervening act contribute to the harm.
• Cases involving the defendant’s failure to prevent or mitigate the consequences of the intervening act.

Novus Actus Interveniens may apply in cases involving natural events or acts of God if the event is truly unforeseeable and breaks the chain of causation between the defendant’s actions and the harm suffered by the plaintiff.

Yes, Novus Actus Interveniens can be raised as a defence in criminal cases to argue that the defendant’s actions were not the proximate cause of the alleged crime, particularly if an unforeseeable and independent act occurred after the defendant’s actions.