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In criminal law, it is defined as the actus reus (an action) from which the specific injury or other effect arose and is combined with mens rea (a state of mind) to comprise the elements of guilt. Causation only applies where a result has been achieved and therefore is immaterial with regard to inchoate offenses.
In law and insurance, a proximate cause is an event sufficiently related to an injury that the courts deem the event to be the cause of that injury. There are two types of causation in the law: cause-in-fact, and proximate (or legal) cause.
If it would have occurred regardless of the defendant's acts, there is no factual causation and the defendant is not guilty. Factual causation was effectively established in the legal case of Pagett [1983]. However, in the case of White [1910] the result would still have occurred 'but for' the defendant's actions, so there was no criminal ...
R v Smith (Thomas Joseph) [1959] 2 QB 35 is an English criminal law case, dealing with causation and homicide.The court ruled that neither negligence of medical staff, nor being dropped on the way from a stretcher twice, constituted breaks in the chain of causation in murder cases.
Causation in English law concerns the legal tests of remoteness, causation and foreseeability in the tort of negligence. It is also relevant for English criminal law and English contract law . In the English law of negligence , causation proves a direct link between the defendant ’s negligence and the claimant ’s loss and damage.
Standard 14-1.6. Determining factual basis of plea (a) In accepting a plea of guilty or nolo contendere, the court should make such inquiry as may be necessary to satisfy itself that there is a factual basis for the plea. As part of its inquiry, the defendant may be asked to state on the record whether he or she agrees with, or in the case of a ...
Causation – the conduct that the claimant complains of must have caused damage, in this regard both factual causation and legal causation are assessed. The purpose of legal causation is to limit the scope of factual causation, if the consequence of the action is too remote to have been foreseen by an objective, reasonable person the defendant ...
Barnett v Chelsea & Kensington Hospital Management Committee [1968] 2 WLR 422 is an English tort law case that applies the "but for" test of causation. [ 1 ] [ 2 ] Facts