Causation Flashcards
In causation what must it be proved?
That D’s conduct lead to the prohibited result
What must it be shown to establish causation?
Factual causation
Legal causation
no NAI
What was the legal principle in Pagett?
D’s conduct need not be the only cause or even the main cause so long as his/her actions contributed significantly
What test is used for factual causation?
But for test- but for the actions of D, would the consequence have occured?
If yes then no causation
What was the judgement in White?
No factual causation- heart attack broke the chain of causation
What was the judgement in Dalloway?
Although D’s cart was being driven negligently, the death would still have happened
What test is applied for legal causation?
De minimis test
What main case demonstrates the de minimis test?
Kimsey
What was the judgement in Kimsey?
Judge decided D’s driving need not be the substantial cause of death and that there was something more than a slight or trifling link
What does substantial mean in law?
More than minimal
What was the judgement in Marchant v Munz?
Not satisfy the de minimis test
Consequence would have happened anyway as V was driving at 80mph
What was the principle shown in Adams?
Acceleration principle- doesn’t matter if V doesn’t have long to live, still murder
What was the principle in Pitts?
Although the victim jumped into the river the reaction was reasonable
What questions do the jury consider in escape situations?
Was it reasonably foreseeable that D would act as he did?
If yes then no NAI
If V acted in totally unforeseen way then no NAI
What test was established in Roberts?
Daftness test
What was the principle in Roberts?
The girls actions were reasonable and proportionate and D was responsible for her actions
What was the principle in Marjoram?
V’s actions reasonably foreseeable as she was in fear and on the 3rd floor
What was the principle in Mackie?
It should be reasonably foreseeable that frightening a 3 year old at the top of the stairs would result in falling/death
What is the principle in Jordan?
The wound was not an operating and substantial cause of death
Allergy to the drug that caused death
What is the principle in Smith?
Doctor failed to realise the seriousness of the case but the original wound was still operating and substantial therefore D was liable
What is the principle in Cheshire?
Not to excuse liability unless:
the negligent treatment was so independent of D’s
the negligent treatment was so potent in causing death that Cheshire’s actions were insignificant
Which medical negligence case is regularly followed?
Cheshire
What was the principle in Malcherek?
If doctors turn of a life support machine there is no NAI
What is the principle in McKechnie?
Injuries that D had caused had prevented any operation on the ulcer
Must take victim as you find them
