Causation Flashcards
What is the first stage in establishing causation in law?
Factual Causation
What test is used for factual causation?
But For Test
What is the leading case for factual causation?
R v Pagett
In R v White, did the court find factual causation?
No
What must be shown in Stage 2 of causation?
Legal Causation
What is the requirement for legal causation?
Must be more than a minimal cause
Which case established that the defendant’s actions must be the substantial and operating cause?
R v Cheshire
What can break the chain of causation?
Novus Actus Interveniens
Name one way causation can be broken.
An act of a third party
What is the general legal test for an intervening act?
Must be sufficiently independent and serious
In which case was medical negligence considered as a potential novus actus?
R v Cheshire
What does the ‘Daftness test’ determine?
If the victim’s response was reasonably foreseeable
Which case established that the victim’s acts were not in proportion to the threat?
R v Williams and Davis
What does the ‘Thin Skull’ Rule state?
Must take the victim as he found him
In which case was the ‘Thin Skull’ Rule applied?
R v Blaue
What happens if a victim’s actions were reasonably foreseeable?
The chain of causation is not broken
What is required to prove legal causation?
Unbroken chain of causation
What is an example of an intervening act that does not break the chain of causation?
Medical treatment, unless extremely bad
Fill in the blank: Legal causation must be more than a _______.
minimal cause
