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KembaraXtra-Case Law-Rance v Mid-Downs HA (1991) - Novus Actus Interveniens
I. Core Principle:
  • A defendant's liability can be broken by a novus actus interveniens (a new intervening act), severing the chain of causation.
II. Case Facts:
  • Plaintiff's Claim: Negligent failure to diagnose spina bifida in fetus. Resulted in birth of a disabled child.
  • Context: Plaintiff was 26 weeks pregnant at the time of the alleged negligence.
  • Critical Factor: Abortion law at the time would have potentially made termination unlawful at 26 weeks.
III. Court Decision:
  • The High Court ruled that, even if negligence was proven, the existing abortion law would have prevented lawful termination.
  • Therefore, the law itself acted as the novus actus interveniens, breaking the chain of causation between the defendant's negligence and the birth of the disabled child.
  • Defendant was relieved of liability.




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