causation

?
  • Created by: abbie01xo
  • Created on: 08-05-18 13:45
what is factual causation based on?
the but for test... but for D's conduct, would V have suffered the injury or death?
1 of 15
what is the case for factual casuation?
pagett... but for D using his girlfriend as a human shield, she wouldn't have died
2 of 15
what must D's conduct be for legal causation to be proved
the operative and substantial cause of V's injuries/death
3 of 15
what is the case for this?
smith 1959
4 of 15
how could the chain be broken?
if something else occurs after D's conduct (an intervening act (novus actus interveniens ))
5 of 15
what are the 3 possible breaks in the chain of causation?
a natural and unforesseeable event, victims own act and act of a third party
6 of 15
what does the victims own act have to be to be an intervening act
so daft as to be unreasonable
7 of 15
what is the case for this?
williams ("beyond the ambit of reasonableness")
8 of 15
what is the contrasting case for this?
roberts (actions were reasonable)
9 of 15
when do special considerations apply for the act of a third party
when it involves medical treatment
10 of 15
when is the chain not broken when referring to medical treatment
when the original injury is the 'operative and substantial cause' and the medics are still treating the original injury
11 of 15
what are the cases for this
smith and cheshire
12 of 15
what case contrasts this and why?
jordan as the treatment was 'palpably wrong'
13 of 15
what is the thin skull rule?
where D must take the victim as he finds him, where the victim suffers over and above what an ordinary person would suffer
14 of 15
what is the case for the thin skull rule
blaue
15 of 15

Other cards in this set

Card 2

Front

what is the case for factual casuation?

Back

pagett... but for D using his girlfriend as a human shield, she wouldn't have died

Card 3

Front

what must D's conduct be for legal causation to be proved

Back

Preview of the front of card 3

Card 4

Front

what is the case for this?

Back

Preview of the front of card 4

Card 5

Front

how could the chain be broken?

Back

Preview of the front of card 5
View more cards

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Criminal law resources »