factual and legal causation

Question 1

what is the test for factual causation

Answer 1

but for test WHITE PAGETT where the harm would have not occurred but for the defendant

Question 2

what is the test for legal causation

Answer 2

whether the defendant was the operating and substantial cause of harm which means significant more than minimal cause Smith and Pagett

Question 3

Novus actus interveniens intervening act

Answer 3

can break the chain of causation if it was not reasonably foreseeable as in Corbett and Roberts which concerned the victims own act and in Pagett which concerned a third party act.

Question 4

Medical Negligence

Answer 4

is a intervening act which usually will not break the chain of causation as in Cheshire unless it is considered serious palpably wrong as in Jordan

Question 5

if V has a hidden weakness then D is

Answer 5

expected to take his victim as he finds them under the thin skull rule as in Blaue