Causation cases

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  • Created by: Amy Baron
  • Created on: 06-05-13 12:42
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  • Causation cases
    • Factual causation- but for test (sine qua non)
      • R v White 1910
        • But for test could not be satisfied.
      • R v Dalloway 1847
        • But for  test was satisfied
    • Legal causation- operating & substantial (de minimis test)
      • R v Kimsey 1996
        • Substantial means more than minimal
      • R v Marchunt and Munz 2004
        • No legal causation
    • Novus actus interveniens (new intervening act)
      • Acceleration  principle  (v would die anyway)
        • R v Cheshire 1991
          • Independent  and potent  (med neg)
      • Actions from third parties ( not directly D)
        • R v Pagett 1983
          • No NAI because prohibited  consequence was brought about by D
      • Flight cases (v escapes causing themself harm
        • R v Pitts 1842
        • R v Roberts 1971
          • V's actions were reasonably forseeable
          • Daftness  test
      • If v's actions were not reasonably forseeable- breaks the chain of causation
        • R v Malcherek 1981
      • Fright cases
        • R v Mackie 1973
          • V acted reasonably and it was foreseeable  he would fall down stairs
      • Medical negligence
        • R v  Jordan 1956
          • Broke the chain of causation but has been overruled
        • R v Smith 1959
          • No NAI, wound was still operating & substantial cause of death
        • R v  Blaue 1975
          • Thin skull rule (must take v as you find him)
        • R v McKechnie 1992
          • Application of thin skull rule
    • Medical negligence
      • R v  Jordan 1956
        • Broke the chain of causation but has been overruled
      • R v Smith 1959
        • No NAI, wound was still operating & substantial cause of death
      • R v  Blaue 1975
        • Thin skull rule (must take v as you find him)
      • R v McKechnie 1992
        • Application of thin skull rule

Comments

Smith E

A great visual resource. Causation in tort law is a complex, constantly evolving issue, and this goes some way to addressing the key cases on point.  The latin can baffle some. Therefore, seeing the modern language used for the same terms, in the grey boxes, is of particular benefit to students.

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