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Causation

QuestionAnswer
Chain of causation Ds conduct must cause the consequence there must be no intervening act to break the chain
Factual causation But for test But for Ds action the consequence would not have happened
case for factual causation White
Legal causation Ds conduct must be the operating and substantial cause of the outcome
case for legal causation Smith
Thin skull rule Take your victims as you found them if v has a pre-existing medical or physical condition or belief which makes the injury more serious D is still liable
Case for think skull rule Blaue
Intervening acts Novus Actus Interveniens must be independent of Ds conduct 1.act of a 3rd party 2.medical treatment 3.victims own act 4.natural but unpredictable event
What is an act of a 3rd party New independent act which is more serious than Ds original act
case for act of a 3rd party Benge
Medical treatment unlikely to break chain unless palpably wrong
Case for medical treatment smith or jordan
Life support Machine switching off a life support machine does not break the chain of causation
Case for life support machine Malcherek
Vs own act If V acts in reasonable way -chain not broken If Vs reaction is unreasonable-chain is broken
Vs own act cases reasonable-Roberts unreasonable-Williams
Created by: myacutts1
 

 



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