Causation Flashcards
1
Q
How to test for factual causation
A
Using the “but for rule”
2
Q
What is the “but for” rule
A
But for the actions of D, would V still have been injured/died
3
Q
How do we establish legal causation
A
Must be shown that D’s actions were not De Minimis (more than a minimal cause)
4
Q
What are the novus actus interveniens
A
- Vs own action
- Poor medical care/ actions of a 3rd party
- Thin skull rule
5
Q
When will Vs own actions break the C of C
A
Where they are foreseeable and reasonable
6
Q
When will poor medical care break the C of C
A
Where it is palpably wrong
7
Q
What does thin skull rule mean
A
D must accept their V for who they are
