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13 Cards in this Set
- Front
- Back
- 3rd side (hint)
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What is causation? |
The link between the defendants conduct and resulting consequence |
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How is factual causation established (white) |
"but for" test. "But for the defendants conduct would the consequence have happened?" If no then factual causation is established |
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Smith |
Operating and substantial cause |
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Kimsey |
Must be more than a slight or trifling link |
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When will the defendant not be a legal cause |
And independent and sufficiently serious intervening act breaks the chain of causation |
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Natural and unpredictable event |
Can be broken i.e earthquake or lightning strike |
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Thin Skull Rule + case |
Defendant must take the V as they found them (Blaue) Won't break the chain |
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Victims own act + case |
If the v acts in a disproportionate or unforseeable way then chain is broken (Williams and Davis) |
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Self administering drugs + case |
If v self administers drugs supplied by someone else then it breaks the chain (Kennedy) |
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Self-neglect + case |
If D neglects own wounds won't break chain (Deer) |
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Third party + case |
Unforseeable acts will also break the chain (Pagett) |
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Medical treatment + cases |
Smith/Cheshire/Jordan Medical treatment will break the chain if it is so independent of the D's actions and so potent in causing injury or death that the jury regard the D's acts as insignificant |
There's 3 |
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Life support machines+ case |
Chain will not be broken by a doctor who turns off life support of a brain dead victim (Malcherek) |
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