Book Reviews
The Law of Intervening Causation
Douglas Hodgson
Ashgate, England, 2008, (hardcover), pp 273, ISBN 978 0
7546 7766 8, $114.95
The Law of Intervening Causation by Douglas Hodgson of the
University of Western Australia is a valuable contribution to
understanding the modern application of the tort law maxim novus
actus interveniens in Australian law.
This monograph is a comprehensive guide to the law of intervening
causation — the law that governs whether, in light of subsequent
events following a negligent act of the defendant, the defendant
should be held liable for all that follows his or her negligent conduct
or whether the causal link has been severed. In Part I the author
introduces the reader to the topic and its judicial development. In
Part II he outlines the legal tests that apply. Part III is devoted to
discussion of the specific contexts in which intervening causation is
significant. The author concludes in Part IV by examining the
modern influence of the concepts of contributory negligence and
remoteness of damage on novus actus interveniens.
Hodgson suggests in Part I that the maxim novus actus interveniens
has a ‘definite meaning’ but is prone to ‘confusion’ over which legal
tests apply and in which circumstances. He proposes a typology under
which intervening events comprise: (a) the conduct of the plaintiff; (b)
the act (or omission) by a third party; and (c) a natural event or
coincidence independent of human agency. The author also briefly
reviews the evolution of the maxim from the 1700s onwards covering
celebrated cases including the case of an explosive squib wreaking
havoc in a market place;1 a spring-loaded gun maiming an innocent
third party;2 and death by septicaemia following a workplace injury to
a toe.3 Through these precedents Hodgson reveals the sources of the
modern legal tests for intervening causation.
In Part II the author outlines in detail each of the major legal tests for
intervening causation: reasonable foreseeability; unreasonableness and
abnormality; voluntary and deliberate human action; probability; and
scope of risk. This part is particularly useful to students and
practitioners alike — chiefly through the way Hodgson looks at each
1
2
3
Scott v Shepherd (1773) 3 W B1 892.
Bird v Holbrook (1828) 4 Bing 628.
Dunham v Clare [1897] 1 QB 240.
© Law School, University of Tasmania 2010
Book Reviews
jurisdiction’s perspective of the individual tests over time, and how
different conclusions have been reached among the jurisdictions as to
a test’s utility. The development of the tests in Australia, Canada,
New Zealand, the United Kingdom and the United States are given
particular attention revealing the extent to which the legal principles
in each jurisdiction either complement or contrast with those of the
other jurisdictions. This approach allows the reader to better
understand the scope of each legal test within their jurisdiction, as
well as potential alternative approaches and arguments in future
circumstances, based on the various approaches to determining
intervening causation cases in other jurisdictions.
Part III covers a range of situations where intervening causation is
important in negligence cases. Contexts covered comprise:
intervening negligent acts and omissions; extraordinary natural
phenomena, coincidences and animals; maritime incidents; suicide
cases; professional malpractice; rescue of persons and property;
children; escaping from danger and inconvenience; negligence
causing susceptibility to later harm; and other miscellaneous operative
contexts. The format allows the reader to pinpoint relevant contexts
quickly, although Hodgson emphasises the need for legal
practitioners to consider the unique circumstances of the instant case.
Part IV concludes the monograph. It outlines how intervening
causation has been influenced by modern developments in
contributory negligence, as well as remoteness of damage. Hodgson
returns to his initial premise that although intervening causation has a
definite meaning exactly which test will apply will only become
apparent once the circumstances of the instant case are resolved.
Hodgson’s conclusion provides some general principles and
propositions and affirms the views of Lord Wright on what is needed
to substantiate an argument for intervening causation:
It must always be shown that there is something which I will call
ultraneous, something unwarrantable, a new cause coming in disturbing
the sequence of events, something that can be described as either
unreasonable or extraneous or extrinsic. I doubt very much whether the
law can be stated more precisely than that.4
The Law of Intervening Causation will prove worthwhile reading for
a range of readers. Hodgson writes in a clear and precise style and
provides abundant links to key precedents in Australia, Canada, New
Zealand, the United Kingdom and the United States. The
monograph will be particularly attractive to readers seeking novel
arguments in particular cases and those wishing to explore the
4
Lord v Pacific Steam Navigation Co Ltd (‘The Oropesa’) [1943] 1 All ER 211,
213.
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The University of Tasmania Law Review
Vol 29 No 1 2010
boundaries of existing legal principles governing the law of
intervening causation.
Jonathon HS Barrington∗
∗
University of Tasmania law student, 2010, MBA, Grad Dip, BSc, member of
Board of Editors for the University of Tasmania Law Review (2008 - 2011).