Novus actus interveniens

‘novus actus interveniens’ ("new act intervening") is a legal term which refers to breaking the chain of causation such that even if the defendant has acted negligently, a subesquent intervening action breaks the chain of causation with the loss or damage sustained and so the defendant is not liable.

This can be as a result of:

• The action of a third party, unless the action was foreseeable, such as negligence by a third party.
• The action of the claimant where their actions were disproportionate or unreasonable.
• Some natural event or coincidence, such as an extraordinary weather event.

Under certain circumstances, the courts may decide to apportion the loss between the parties.

See: Contribution and apportionment for more information.

[edit] Related articles on Designing Buildings Wiki

• Bank of Nova Scotia v Hellenic Mutual War Risks Association (Bermuda) Ltd (The Good Luck).
• Causation.
• Contribution and apportionment.