Novus Actus Interveniens - Tort Law

The concept of ‘Novus Actus Interveniens’ is another Latin concept that basically translates to mean ‘a new act intervening’ and is thus considered to be something of a general defence in the law of tort. This is because it basically revolves around the idea that the act of a third party will serve to intervene between the original act or omission and the damage that is produced as a result, unless that original act or omission is still considered to be the main contributing factor to the damage that results because the act of the third party had no impact upon the events as they unfolded, in keeping with the decision in R v. Pagett (1983) 76 Cr App R 279.

Nevertheless, it is still to be appreciated that this concept of ‘Novus Actus Interveniens’ can be broken down into three instances – (a) the victim’s contribution (leading to claims of contributory negligence); (b) a third party’s inadvertent contribution; and/or (c) a third party’s deliberate contribution.

• The Victim’s Contribution
• Third Party’s Inadvertent Contribution
• Third Party’s Contributory Negligence

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