Legal Causation Flashcards
1
Q
What is substantial in terms of law
A
More than minimum
2
Q
Case which showed more than a trifling link
A
R v Kimsey
High speed car case, dangerous driving, although unsure real reason showed a substantial link
3
Q
If the NAI is not reasonably…. You can’t be criminally liable
A
Foreseeable
4
Q
What questions must be asked to establish legal causation
A
Was d conduct a substantial cause of death?
Was there an NAI?
Was the NAI reasonably foreseeable?
5
Q
What did merchant and munz show
A
Agricultural tractor was without guards, 80mp motorcyclists impaled, however his speed was NAI as he would have been killed anyway
6
Q
What must the defendants conduct be shown to be
A
More than just minimum or a trifling cause, must be substantial
