general elements

• omissions

  statutory - (road traffic act 1988)

  contractual - (pitwood)

  special relationship - (gibbons and proctor)

  creating dangerous situation - (miller)

  position of public responsibility (dytham)

  voluntarily - (stone and Robinson)\
• causation

  factual - 'but for' test

  legal - more than minimal (kismey)
• chain of causation

  third party

  foreseeable action by third party - chain not broken (pagett)

  d's own actions - 'daftness test'

  d's actions foreseeable - chain not broken (roberts)

  d's actions unforeseeable - chain broken (williams)

  treatment must be independent to d's actions (Cheshire)

  chain broken - (Jordan)

  chain not broken - (malcherek)
• thin skull rull


  d must take his victim as he finds them

  something unusual - liable for more serious injury

  (blaue)
• mens rea

  direct intent - d's main aim to bring about criminal consequences (Mohan)

  oblique intent - virtual certainty, d appreciated this (woollin)

  subjective recklessness - realise risk (Cunningham)

  negligence - fail to meet standard of care of reasonable man - objective test