Law - Causation (paper 1)

What must be established in terms of causation

It must be established that the defendants actions caused the outcome

What are the two types of causation

Factual causation

Legal causation

What is factual causation

The case of White shows that for there to be factual causation, the ‘but for’ test must be used

‘But for the d’s action, would the result have been the same’

What is legal causation

It focuses on how much contribution the defendant has made

They must have made a significant contribution

It must be more than a slight or trifling link, as seen in the case of Kimsey

What is an intervening act

This an act that breaks the chain of causation making the defendant no longer liable

What are the intervening acts

Victims own acts - Robert’s - as long as their actions are reasonable and foreseeable the chain won’t be broken

Bad medical treatment - Cheshire - if the original injuries left by the defendant were of substantial and operating cause of the result, the chain won’t be broken

Thin skull rule - Blaue - The defendant must take the victim as they find them

Acts of a third party - Pagett - as long as the defendant made a contribution to the outcome they can still be found liable

Victim refuses medical treatment - Holland - victim is under no legal obligation to seek help, the chain won’t be broken

Doctor switching off life support - Malcherick & Steele - chain won’t be broken