Legal Causation

Question 1

Test 1:

Answer 1

Was the chain of causation broken by an intervening act?

Question 2

Test 2:

Answer 2

Was the harm too remote from the defendants negligence to hold the defendant legally responsible?

Question 3

Smith v Leech Brain &a Count 1962

Answer 3

Burned lip due to defendants negligence, had precancerous skin condition which resulted in death.

Defendant is liable for the full extent of harm even if it is more than expected due to an existing weakness or frailty

“Take the victim as they find them”

EGG SHELL RULE

Question 4

Knightly v Johns 1982

Answer 4

Police inspector asked police motorcyclist to go back along oncoming traffic.

Broke the chain of causation

Question 5

McKew v Holland 1969

Answer 5

Claimant injured his leg at work because of claimants negligence. Went down a steep staircase without a handrail and fell, threw himself forward and broke his ankle.

Decision to descend the staircase broke the chain of causation.