Sentences with phrase «intervening act»

These allegations do not constitute intervening acts of negligence that severed the chain of causation.

In assessing the Causation Test, he distinguished this case from Greenhalgh and its supporting authorities because the result of numerous intervening acts in that case that prevented the use of the car from being the direct cause of injuries.

Indeed, although many believe negligence claims are straightforward, causation problems associated with intervening acts are not uncommon in them, and those who have a possible meritorious claims should consider finding experienced counsel prior to undertaking legal action.

The question for the House of Lords was whether his suicide was a novus actus interveniens (a new intervening act breaking the chain of causation) or was his suicide a «reasonably foreseeable» consequence of his depression?

There must also be no unforeseeable intervening acts that stand in between the injuries and the negligent act.

Most of the rest of the schools — about 25 percent — mix progressive creation and young - earth creation, both having an emphasis on God's intervening acts of special creation.

satisfy the court there was no intervening act (s) that resulted in the injuries that can not be said to be part of the «ordinary course of things».

Although this plaintiff will still get an opportunity to prove her claim to a jury, the Court of Appeals decision shows the difficulties posed when one attempts to establish negligence when an intervening act is involved.

there was no intervening act of another which resulted in the accused no longer being substantially connected to the death of the victim; and

They could not be considered an intervening act in the «ordinary course of things,» where an insurer would still be liable for no - fault benefits.

Thus, the defendant will not be liable where an intervening act supersedes the defective product as the proximate cause of the injury.

[2] This appeal raises the question of when an intervening act by another person severs the causal connection between the accused's act and the victim's death, thereby absolving the accused of legal responsibility

The Court held that Wilk's decision to leave the safety of the path, and proceed down the icy slope to retrieve the dog, interrupted the alleged chain of causation and was an intervening act: «Given this voluntary, intervening act, Mr. Arbour's alleged negligence was not the proximate cause of Ms. Wilk's injury.»

those of you who might, sometimes, wonder how analyses of (perhaps) analogous (enough) concepts match across the breadth of a system of law might look a the discussion of «Legal causation — Intervening Act» in R v. Maybin 2012 SCC 24 commencing at para 18.

[22] The fact that the bouncer's act may have been a novus actus interveniens, or an intervening act, is part of the analysis of whether legal causation has been established and whether the appellants should be held legally accountable for the death.