Causation Flashcards
For what type of crime must you prove causation ?
A consequence crime
Define factual causation
D is only guilty if the consequence would not have happened “but for” his act
Write one case name for factual causation
White
Define legal causation
Link between Ds act and the consequence is the “chain of causation” and must remain unbroken
What is the case name for legal causation?
Smith
What is the term if another person breaks legal causation?
Novus Actus interveniens of third party
What are the two cases for medical intervention breaking the chain of causation and what are the rules from each?
Jordan - If medical treatment was “palpably wrong”
Cheshire - D still liable unless the treatment was so independent of Ds act to regard his contribution as insignificant
What happens to causation if 2 people contribute to the outcome ?
D can be guilty even if his conduct only contributes to consequence or he was only one among others who contributed to it
Name one case about contributing acts and the rule from that case
Cato - D need not have been the only cause of death but was more than a minimal cause
What is the term if the victim breaks legal causation
Novus Actus interveniens by victim
When will the victims actions break legal causation ?
If Vs actions are not foreseeable and reasonable
Name one case about a victims actions
Roberts
What is the thin skull rule?
Take your victim as you find him. If victim has an underlying physical condition, mental health condition or religious belief
What is the name of the case for the thin skull rule?
Blaue
