Lothian v Rickards

In *Lothian v Rickards*, the High Court of Australia considered a claim in negligence. The plaintiff, Ms. Rickards, suffered injuries when a motor vehicle, driven by Mr. Lothian, collided with her. The collision occurred after Mr. Lothian had been unlawfully interfered with by a third party, who had deliberately caused his vehicle to swerve.

The central legal issue before the High Court was whether Mr. Lothian owed a duty of care to Ms. Rickards to take precautions against the foreseeable risk of a third party's malicious or criminal act causing his vehicle to collide with her. Specifically, the court had to determine if the intervening act of the third party broke the chain of causation, thereby absolving Mr. Lothian of liability.

The High Court held that Mr. Lothian did not owe a duty of care to Ms. Rickards to guard against the deliberate, criminal act of a third party. The court reasoned that while a duty of care may arise to guard against foreseeable risks, including those created by the negligent acts of others, it does not extend to preventing the intentional wrongdoing of a third party. Such an intervening act, being deliberate and criminal, was considered a novus actus interveniens, breaking the chain of causation and relieving Mr. Lothian of liability for the plaintiff's injuries. The appeal was allowed.