Factual + Legal Causation, Omissions Flashcards

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1
Q

What are the two types of causation?

A

Factual and Legal Causation

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2
Q

What is the test for factual causation? Explain the result

A

the “but for” test, which shows “but for the defendants actions, would the result have happened anyway?” if the answer is yes, the defendant is not the factual cause

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3
Q

What is the key case for factual causation?

A

White - was not the factual cause

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4
Q

What is legal causation?

A

the amount of contribution the defendant has made to the end result, must be “more than a slight of trifling link, but they do not have to be the main cause”

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5
Q

What is the key case for legal causation?

A

Kimsey

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6
Q

What are the 6 legal causation issues?

A

Intervening Acts
Bad Medical Treatment
Thin Skull Rule
Acts of a Third Party
Victim refusing medical treatment
Doctor switching off life support

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7
Q

Explain intervening acts and name the key case

A

Victims actions must be reasonable and foreseeable so the chain is not broken (Roberts)

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8
Q

Explain bad medical treatment and the key case

A

If the original injuries inflicted by the defendant are still an operating and substantial cause of the result, the chain isn’t broken (Cheshire)

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9
Q

Explain the thin skull rule and name the key case

A

where the victim suffers from a vulnerability which worsens injuries, the defendant must take their victim as they find them so chain is not broken (Blaue)

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10
Q

Explain acts of a third party and name the key case

A

as long as the defendant has made a significant contribution to the result they are still liable (Pagett)

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11
Q

Explain the victim refusing medical treatment and name the key case

A

The victim is under no obligation to seek medical help so chain is not broken (Holland)

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12
Q

Explain the doctor switching off life support machines and name the key case

A

the defendant will still be liable (Malcherick & Steele)

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13
Q

What are omissions?

A

a failure to act based on a legal duty, and may be liable for it

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14
Q

What are the four legal duties? name the key cases for each

A

-Contractual duty (Pitwood)
-Special relationship (Gibbons&Proctor)
-Voluntary assumption (Gibbons&Proctor)
-Creating a dangerous situation (Miller)

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