chapter  18
The Influence of Contributory Negligence and Apportionment Legislation on Intervening Causation Issues
Pages 8

As we have already seen, the author of an intervening act may be either a third person or the plaintiff. In the latter case, the question arises whether the negligent conduct of the plaintiff should be treated merely as contributory negligence, in which case the plaintiff will be awarded reduced damages under contributory negligence legislation, or as a novus actus interveniens, in which case the plaintiff will be denied damages altogether. As we shall see, this question may be a matter of degree.