Factual + Legal Causation, Omissions Flashcards
What are the two types of causation?
Factual and Legal Causation
What is the test for factual causation? Explain the result
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
What is the key case for factual causation?
White - was not the factual cause
What is legal causation?
the amount of contribution the defendant has made to the end result, must be “more than a slight or trifling link, but they do not have to be the main cause”
What is the key case for legal causation?
Kimsey
What are the 6 legal causation issues?
Intervening Acts
Bad Medical Treatment
Thin Skull Rule
Acts of a Third Party
Victim refusing medical treatment
Doctor switching off life support
Explain intervening acts and name the key case
Victims actions must be reasonable and foreseeable so the chain is not broken (Roberts)
Explain bad medical treatment and the key case
If the original injuries inflicted by the defendant are still an operating and substantial cause of the result, the chain isn’t broken (Cheshire)
Explain the thin skull rule and name the key case
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)
Explain acts of a third party and name the key case
as long as the defendant has made a significant contribution to the result they are still liable (Pagett)
Explain the victim refusing medical treatment and name the key case
The victim is under no obligation to seek medical help so chain is not broken (Holland)
Explain the doctor switching off life support machines and name the key case
the defendant will still be liable (Malcherick & Steele)
What are omissions?
a failure to act based on a legal duty, and may be liable for it
What are the four legal duties? name the key cases for each
-Contractual duty (Pitwood)
-Special relationship (Gibbons&Proctor)
-Voluntary assumption (Gibbons&Proctor)
-Creating a dangerous situation (Miller)
