Causation

    Cards (6)

    • factual causation 

      R v Pagett- but for the actions of the defendant, harm would not have come to the victim
    • legal causation 

      R v Smith - substantial and operative cause
      no novus actus interveniens (new act intervening) substantial - more than a slight or trifling link (R v Kimsey)
    • break chain of causation - act of victims
      defendant causes victim to react in a reasonably foreseeable way. any injury will be see as caused by the defendant
      R v Roberts - must be proportionate to threat
      R v Williams and Davis - not liable if actions were daft and unreasonable
    • thin skull rule 

      R v Blaue - defendant must take victim as they find them
    • medical treatment 

      Medical negligence rarely breaks chain (R v Smith, R v Cheshire)
      but does if treatment is palpably wrong (R v Jordan)
    • naturally occurring event (act of god) 

      naturally occurring event incident may occur which breaks chain of causation - unforeseeable
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