An action or event that happened after the defendant's conduct and before the prohibited result. A unforeseeable action or event.
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Rule for Subsequent acts of the defendant
A subsequent act of a defendent will only be a novus actus interveniens if it is part of a separate transaction
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Authority for subsequent acts of the defendant?
Le Brun
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Rule for Natural events
A natural event will only be a novus actus interveniens if it is both unforeseen (by the defendant) and unforeseeable (to the reasonable person)
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Authority for Natural events
Gowans
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Rule for Acts of third parties
The act of a third party will only break the chain if it is all of the following: free, voluntary unforeseen and unforeseeable.
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Authority for Acts of third parties
Jordan
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Exceptions to the act of third parties rule
Are not NAI for forseeable rescue efforts by bystanders that killed the victim, most medical treatment even if flawed and forseeable law enforcement
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Acts of the victim
1. Subsequent act of the victim will be an NAI if it is free, voluntary and informed 2. A subsequent act that is not free, voluntary and informed may nonetheless be an NAI if is unforeseeable as to be daft.
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Egg Shell Skull Rule
A defendant who does something both unlawful and dangerous takes his victim as he finds them.
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Authority for Egg Shell Skull Rule
Blaue
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Authorities for Acts of the victim
1. Kennedy (no.2) 2. Roberts
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Other cards in this set
Card 2
Front
Rule for Subsequent acts of the defendant
Back
A subsequent act of a defendent will only be a novus actus interveniens if it is part of a separate transaction
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