causation
- Created by: joshnicholls238
- Created on: 17-02-14 12:07
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- Causation
- demonstrated in pagett
- principles of causation
- factual
- but for test as demonstrated in white
- legal
- associated with moral responsibility/ can if fairly be the fault of d
- dollaway, marchant and muntz
- associated with moral responsibility/ can if fairly be the fault of d
- factual
- acceleration principle
- shortening of life by seconds, minutes etc still murder
- Adams
- shortening of life by seconds, minutes etc still murder
- contributory causes
- ds actions needn't be sole or main cause of death but is sufficient is a cause
- actions of 3rd parties
- pagett
- medical treatment
- reluctant to shift blame onto medical professionals as they don't set out to cause death
- if negligent medical treatment and lead to ds death is d responsable = generally yes
- smith
- if original wound is still an operating and substantial cause
- smith
- exception of Jordan
- were medical treatment is deemed to be palpably wronge
- if negligent medical treatment and lead to ds death is d responsable = generally yes
- cheshire
- cofa deemed would only be the most extraordinary and unusual cases that medical treatment would break the chain of causation
- mellor confirmed
- warburton and hubbersty confirmed
- life support machines
- doctors won't be held accountable for death if turn of life machine
- malcharek and steel
- doctors won't be held accountable for death if turn of life machine
- reluctant to shift blame onto medical professionals as they don't set out to cause death
- actions of the victim
- daftness test
- if d does something so daft or unexpected that no reasonable person could be expected to foresee then chain of causation could be broken
- Roberts
- williams and davies
- corbett
- majoram
- if d does something so daft or unexpected that no reasonable person could be expected to foresee then chain of causation could be broken
- self neglect
- chain of cause not broken
- holland and dear
- chain of cause not broken
- voluntary acts
- kennedy
- daftness test
- actions of 3rd parties
- ds actions needn't be sole or main cause of death but is sufficient is a cause
- thin skull rule/ take your victim as you find them
- in hayward it was held if a v has a physical weakness the d cant escape liability because a healthy person wouldnt have died
- e.g religious of belief in blaue
- in hayward it was held if a v has a physical weakness the d cant escape liability because a healthy person wouldnt have died
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