Causation

Question 1

Explain causation

Answer 1

Have to establish that Vs injury was caused by D

Two types - fact (Pagett) and law(Jordan)

Question 2

Causation in fact

Answer 2

“but for” Ds actions of… V wouldn’t have suffered the consequence (Pagett)

Question 3

Causation in law

Answer 3

Ds actions of… Were/weren’t the most significant cause of Vs injury and there was /wasn’t a more significant factor breaking the chain of causation (Jordan)

Question 4

Breaks in chain

Answer 4

Actions of a third party - potentially break the chain if their actions are an unforeseeable event (Pagett)

Victims own actions if they act in an unreasonable manner (Roberts)

Medical treatment received by V usually won’t break chain unless its so “potent in death/injury that it deems Ds actions insignificant (Jordan)

Question 5

Conclusion

Answer 5

Thin skull rule - take victim as they find them

Causation/no causation