Causation

Cards (16)

  • What are the two types of causation?
    Factual and legal
  • Test for factual causation?
    but for
  • Cases for 'but for' (factual causation) test?
    R V Pagett
    R V White
  • The actions of the defendant did not directly cause the harm.
    Asks if the actions of the defendant were the most significant cause of the harm. What type of causation is this?
    Legal
  • Cases for legal causation
    "more than minimal" Cato
    "operating and substantial" Smith
  • What is Novus Actus Interveniens?
    New intervening act
  • Novus Actus Interveniens:
    (intervening acts that break the chain of causation)
    • Act of God
    • Victims own act
    • Act of third party
  • A natural, unpredictable event. It will break the chain provided that the event was unforseeable?
    Act of God
    Case?
    R V White
  • The victims own act can beak the chain if their actions are deemed to be an unreasonable or exessive response. Actions of the victim must not be reasonably foreseeable to break the chain of causation.
    cases?
    R V Williams
    R V Roberts
  • Act of third party can break the chain if the act of third party are deemed to be more than minimal (cato) and not reasonably foreseeable by the defendant.
  • This will break the chain of causation if the actions of the doctors are deemed to be 'palpably wrong'?
    Medical Negligence
  • What is the case for medical negligence?
    R V Jordan
  • Take your victim as you find them?
    Thin skull rule
  • Case for thin skull rule?
    Blaue
  • Any particular vulnerabilities of the victim are irrelevent and the defendant is liable for the FULL extent of rge harm caused?
    Thin skull rule
  • Any particular vulnerabilities of the victim are irrelevent and the defendant is liable for the FULL extent of rge harm caused. True or false?
    True