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15 Cards in this Set
- Front
- Back
Novus Actus Interveniens
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1. 3rd party act
2. Act of claimant 3. Act of nature |
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McKew v Holland and Hannen Act of C - NAI |
- C suffered a leg injury and later tried to descend a steep flight of stairs without assistance and fell
- D was not liable for second injuries as his actions were unreasonable |
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Wieland v Cyril Lord Carpets Act of C - NAI |
- D liable for further injury as C had not acted unreasonably |
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Corr v IBC Vehicles Act of C |
- D still liable for C's death as it was a direct result of the psychiatric injuries |
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Carslogie Steamship v Royal Norwegian Government Act of Nature |
- C's ship was damaged by D, C's owners put the ship to sea and it was damaged during a heavy storm - The storm was foreseeable and acted as a novus actus |
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3rd Party |
- D4 sent C into a tunnel where an accident had happened, C crashed into D2 on a blind bend - D1 was not liable, D4 was as his decision to send C in instead of around was a novus actus interveniens |
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Rouse v Squires 3rd Party |
- Was reasonably foreseeable that another river may not be able to stop in time so D1 was still liable |
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Robinson v Post Office 3rd Party |
Medical treatment which is performed in a non-negligent manner is unlikely to break the chin of causation |
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Webb v Barclays Bank 3rd Party |
Negligent medical treatment may break the chain of causation if it is 'so gross as to break the chain of causation' |
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Lamb v Camden 3rd Party |
- Damage caused by squatters did break the chain as it was not foreseeable |
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Stansbie v Troman 3rd Party |
- Thief did not break chain, D was under a duty to lock up |
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Intervening Rescue Attempt 3rd Party |
1. Is it reasonably foreseeable that a rescue will be attempted? 2. Is there a relationship of proximity between D and the rescuer? 3. Is it fair, just and reasonable to impose a duty? |
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3rd Party |
- Rescue is foreseeable, 'danger invites rescue' |
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Tolley v Carr 3rd Party |
- The greater the risk to others he is trying to avert, the greater the imperilment to his safety the will accept as reasonable -Burden of proof on D to show C was foolhardy |
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Baker v T E Hopkins 3 Party |
- D tried to use volenti non fit injuria as a defence - Court held D was liable, C's actions were foreseeable in the circumstances |