What does novus actus interveniens mean in law?
new intervening act
Novus actus interveniens is Latin for a “new intervening act”. In the Law of Delict 6th Edition, Neethling states that a novus actus interveniens is “an independent event which, after the wrongdoer’s act has been concluded either caused or contributed to the consequence concerned”.
What is the principle of novus actus interveniens?
Novus actus interveniens is a Latin maxim which literally means “new intervening act”. Basically, it refers to a new act that takes place independently after the defendant has concluded his act and contributes to the resulting harm.
Is medical negligence novus actus interveniens?
Novus actus interveniens in medical negligence cases is when an unforeseeable event occurs after a neglectful act which intervenes and worsens the effects. This is known as “breaking the chain of causation” and often means the defendant will not be found liable – even if it can be proved that they acted negligently.
What happens if you break the chain of causation?
A break in the chain of causation may either: prevents damage being caused in the first instance. This is different to damage being occasioned by the breach (see above) prevents the defendant being liable for further loss caused their breach.
What does the term actus reus mean?
Actus reus refers to the act or omission that comprise the physical elements of a crime as required by statute.
What is novus actus interveniens tort?
Novus actus interveniens is Latin for a new intervening act. In the Law of Delict 6th Edition, Neethling states that a Novus actus interveniens is an independent event which, after the wrongdoer’s act has been concluded either caused or contributed to the consequence concerned.
What is classed as medical negligence?
Medical negligence is substandard care that’s been provided by a medical professional to a patient, which has directly caused injury or caused an existing condition to get worse. There’s a number of ways that medical negligence can happen such as misdiagnosis, incorrect treatment or surgical mistakes.
Can an act of nature break the chain of causation?
It is also possible for certain events to break the chain of causation between the defendant’s actions and the claimant’s injuries. Those taken by third parties those taken by the claimant themselves, and those which are acts of nature.