Causation (factual and legal)
- Created by: anobrain.er
- Created on: 28-11-19 20:42
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- factual
- 'but for' test
- if consequence would have happened regardless of Ds conduct, D is not the factual cause
- White
- if consequence would not have happened but for D's conduct, D is the factual cause
- Pagett
- if consequence would have happened regardless of Ds conduct, D is not the factual cause
- Causation
- legal
- rules set out in Smith and in Cheshire
- Ds act need not be the sole or main cause, but must
- be the 'operating and substantial cause'
- Smith
- have made a 'significant contribution'
- Cheshire
- be the 'operating and substantial cause'
- de minimus rule
- kimsey
- Ds conduct must be more than a minimal cause of the consequence, there ‘must be more than a slight or trifling link’
- legal
- not necessarily enough on its own for liaility
- Hughes
- 'but for' test
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