Critical Analysis Of ‘Novus Actus Interveniens’ And Its Application In Indian Law
- IJLLR Journal
- Feb 27
- 1 min read
Sanskriti Sinha, Maharashtra National Law University, Mumbai
ABSTRACT
The most important aspect of solidifying liability in tort law is the doctrine of causation. It is meant to establish a cause-and-effect relationship to prove that the plaintiff has suffered primarily due to the defendant’s fault. Novus Actus Interveniens is the exception or defence used against such an established causation. The principle of the doctrine of causation is that an individual should not be unjustly blamed for an act which she did not directly cause. The issue at hand is the inconsistency and subjectivity employed in judgment when determining the applicability of this exception. This paper critically examines this exception to formulate a clearer and more reproducible definition of Novus Actus Interveniens for the Indian law of Torts.
