Causation Flashcards
What is factual causation according to PAGETT:
D will be the factual cause if it would not have happened but for D’s conduct.
What does PAGETT state about the actions of a third party?
Where Ds conduct leads to reasonably foreseeable action by a 3rd party, the chain of causation will not be broken.
What does BENGE state about legal causation?
D will be a legal cause if Ds conduct was more than minimal.
What does CHESHIRE state about medical negligence?
medical negligence is unlikely to break the chain of causation unless it is so independent of Ds act and in itself so potent in causing the full extent of the injury that Ds acts are insignificant.
What does SMITH state about medical negligence?
if at the time of death, the original wound was still an operating cause, and a substantial cause then the chain of causation will not be broken by medical negligence.
JORDAN states that medical negligence will break the chain of causation in what situation?
If there is palpably wrong medical treatment.
What does MALCHEREK state won’t break the chain of causation?
doctors switching off a life support machine when V is brain dead.
What does ROBERTS state about Vs own conduct?
Vs own conduct is unlikely to break the chain of causation unless it is so daft that a reasonable person would not have foreseen V reacting in that way.
What is the ‘thin skull rule’ according to BLAUE?
The chain of causation will not be broken if V has something about them which makes them more vulnerable; D must take V as he finds him.
What is sufficient for an act of God?
lightning strike, earthquake, land slide, flash flood
