Scott v Shepherd
Encyclopedia
Scott v Shepherd 96 ER 525 is an important English tort law
case on remoteness and the principle of novus actus interveniens.
Nares J wrote the following.
De Grey CJ's judgment was as follows.
English tort law
English tort law concerns civil wrongs, as distinguished from criminal wrongs, in the law of England and Wales. Some wrongs are the concern of the state, and so the police can enforce the law on the wrongdoers in court – in a criminal case...
case on remoteness and the principle of novus actus interveniens.
Facts
A larrikin tossed a lit firework into a market. It was quickly thrown away to another person and another, and it ended by exploding in the plaintiff’s face.Judgment
The majority held larrikin was fully liable, because, said De Gray CJ, "I do not consider [the intermediaries] as free agents in the present case, but acting under a compulsive necessity for their own safety and self-preservation."Nares J wrote the following.
De Grey CJ's judgment was as follows.