Fichas
Causation
Fichas del conjunto (12)
- 1White [1910] Factual Test (But For Testy)Son put cyanide in his mother's tea, however before drinking she died of a heart attack.
Held: not liable for murder as his actions did not lead to her death.
Shows the Factual Test (But For Test). - 2Smith [1959] Legal Test Medical Treatment (NAI)He stabbed a soldier with a bayonet in a fight, while V was on the way to Sick Bay, he was dropped twice.
He was also given "thoroughly bad" medical treatment and could have been saved.
D must be the significate and operating cause, not necessarily the sole or main. - 3Perkins [1946] Unforeseeable Naturally Occurring EveneD knocked V unconscious and left him below the high water mark, incoming tied drowned him.
Held: tide was foreseeable, so not a NAI
The Natural event has to be unforeseeable, for example a tsunami - 4Kennedy No2 [2007] Free, deliberate and informed act of 3rd partyD supplied V who self injected, and then returned to his room and died by chocking on vomit.
Held: V was a fully informed and responsible adult, freely and voluntarily self-injected, D is not liable. - 5Evans (Gemma) [2009]Sister created a dangerous situation and was therefore under a duty of care
Therefore, the deal has a duty to act, and failed to do so, - 6Pagett [1983]Police shot the D, who had held his girlfriend as a hostage, and claimed he was not the legal or factual cause of death
Held: D actions created the factual and legal cause, and the Police firing was not a free deliberate reaction.
The Police were acting under a legal duty by firing back. - 7Cheshire [1991]D shot V in thigh, and develop respiratory problems, and after operation, develops scar tissue and lead to heart attack.
Held: If he had been treated correctly he would not have died.
"Doctors actions were so independent and so potent that D's acts are insignificant" - 8Robert [1971]D made sexual advances to V in car, she jumped out and broke ankle.
Held: V's escape was entirely reasonable, would only be unreasonable if it was so daft no person could foresee it. - 9Marjoram [2000]D threatened to break down V's door, V jumped out of the 2nd-floor window and injured.
Held: D will still be liable would the person had foreseen it. The prosecution does not have to prove D himself foresaw it. - 10Holland [1841] Self NeglectD cut V's finger, and V refused medical advice to amputate the finger and developed lockjaw (gengreme).
Held: D could not argue that V should have looked after himself better, and therefore not an NAI. - 11Hayward [1908] Take victim as he finds itD went home for an argument with wife, and she ran away, collapsed and died. She had an undiscovered thyroid disorder, fatal.
Held: D caused death. Unforeseen and unforeseeable weakness in V does not break liability. - 12Empress Car C(Abertillery) Ltd v National Rivers Authority [1998] Pollution 3rd Party Cases3rd Party opened valves on oil tanks (valves not locked), and oil-polluted river, D was convicted of polluting river.