Novus Actus Interveniens: What It Means for Legal Liability

Q: How does this term affect liability?

If a novus actus interveniens is established, it may absolve the defendant from responsibility for subsequent damages.

Q: Can a natural disaster be considered a novus actus interveniens?

Yes, if it significantly alters the situation and is unforeseeable, it may break the causal chain.

Definition & Meaning

Novus actus interveniens is a legal term that refers to a new intervening act or event that disrupts the causal link between a defendant's actions and the resulting consequences. This new event can absolve the defendant of liability for those consequences, meaning they are no longer held responsible for the outcomes that follow. It is important to distinguish this term from nova causa interveniens, which specifically refers to a new intervening cause.

Table of content

Legal Use & context

Novus actus interveniens is commonly used in both civil and criminal law contexts. It is particularly relevant in cases involving negligence, torts, and liability. For instance, if a defendant's actions lead to harm, but a subsequent event"such as a natural disaster"occurs that significantly alters the situation, the defendant may not be held liable for the resulting damages. Users can manage related legal processes using templates available through US Legal Forms, which are designed by experienced attorneys.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

(Hypothetical example) Consider a driver who runs a red light and collides with another vehicle. If, shortly after the collision, a severe earthquake occurs that causes additional damage to the vehicles, the earthquake may be considered a novus actus interveniens, potentially relieving the driver of liability for the further damages caused by the earthquake.

State-by-state differences

Examples of state differences (not exhaustive)

State	Key Differences
California	Emphasizes foreseeability in determining liability.
New York	Focuses on whether the intervening act was independent of the defendant's actions.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term	Definition	Difference
Novus actus interveniens	A new act that breaks the causal link.	Focuses on the act itself.
Nova causa interveniens	A new cause that intervenes in the sequence of events.	Focuses on the cause rather than the act.

Common misunderstandings

What to do if this term applies to you

If you believe that a novus actus interveniens may apply to your situation, consider the following steps:

Document all relevant events and actions leading up to the incident.
Consult with a legal professional to assess the impact of any intervening acts on your case.
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Quick facts

Attribute	Details
Typical Fees	Varies by attorney and case complexity.
Jurisdiction	Applies in both civil and criminal law contexts.
Possible Penalties	Dependent on the specific case and jurisdiction.

Key takeaways

Frequently asked questions

What does novus actus interveniens mean?

It refers to a new intervening act that disrupts the causal link between a defendant's actions and the resulting damages.