Causation

• Causation

  D’s act or omission must be the factual cause of the result

  D‘s act or omission must be the legal cause of the result
• Factual Causation

  D only liable if consequence would not have happened but for their unlawful act or omission.

  White

  Pagett
• Legal Causation

  D has causes the unlawful outcome if his conduct contributes to it in a more than minimal way
• Breaks in chain of causation(Legal)

  Act of third party: operating and substantial cause (Smith)

  
  

  Medical negligence: extraordinary and unusual (Cheshire)

  
  

  V’s own actions: V’s actions are very unusual, unexpected or unreasonable (Roberts)

  
  

  Thin skull rule: D must take their victims as they find them e.g. pre existing medical condition (Blaue)