PAPER 1 CAUSATION

Question 1

What is the chain of causation?

Answer 1

The chain of causation is the series of links between the unlawful conduct of the defendant and the final result.

Question 2

What are the two kinds of causation and what shouldn’t there be in the chain?

Answer 2

Factual and legal causation
With no breaks in the chain.

Question 3

What test does factual causation use? With case

Answer 3

But for test
(Pagett)

Question 4

What does legal causation require? (Case)

Answer 4

Requires the defendant’s conduct to be more than minimal cause (Kimsey)

Question 5

What do intervening acts do?

Answer 5

They break the chain if they are unforseeable

Question 6

What do individual characteristics of the victim do?

Answer 6

They break the chain due to the thin skull rule as in Blaue

Question 7

What does victim’s response do?

Answer 7

May break the chain if it is “daft” as in Williams but not if it reasonable Roberts

Question 8

What does poor medical treatment rarely do?

Answer 8

Break the chain if D’s conduct remains more than insignificant (Cheshire)

Question 9

What happened in Jordan?

Answer 9

Palpably wrong medical treatment did break the chain.

APPLY LEGAL AND BREAKS- IF BROKEN D IS NOT LEGAL CAUSE