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Novus actus interveniens Scenario

Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › Novus actus interveniens Scenario

  • This topic has 1 reply, 2 voices, and was last updated 7 years ago by MikeLittle.
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  • November 30, 2017 at 11:39 am #419175
    humai
    Participant
    • Topics: 757
    • Replies: 248
    • ☆☆☆☆☆

    1) Sir in Lamb V Camden 1981, in which defendant negligently caused a house to be damaged, and as a result it had to be vacated until it could be repaired. During the vacant period, squatters took up residence and the property suffered further damage.

    Sir here, casual link was broken due to act of 3rd party (squatters), so obviously defendant would not be liable for additional damages caused by squatters, BUT would he be liable for the damage which was caused because of his negligence?

    2) Sir in Carslogie Steamship Co Ltd V Royal Govt (1952), The claimant’s ship was damaged in a collision as a result of the defendant’s negligence. The ship was en route to have the resulting repairs carried out. On the way ship was further damaged by heavy weather and a consequence took a longer period of time to repair.

    Sir here, casual link was broken due to natural disaster, so obviously defendant would not be liable for additional damages caused by weather conditions, BUT would he be liable for the damage which was caused because of his negligence?

    November 30, 2017 at 3:44 pm #419228
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23327
    • ☆☆☆☆☆

    Yes

    Yes

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  • The topic ‘Novus actus interveniens Scenario’ is closed to new replies.

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