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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.
The harm within the risk (HWR) test determines whether the victim was among the class of persons who could foreseeably be harmed, and whether the harm was foreseeable within the class of risks. It is the strictest test of causation, made famous by Benjamin Cardozo in Palsgraf v. Long Island Railroad Co. case under New York state law. [10]
Causation (law) 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 ]
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.
The case received some quick comment. Sarah Green was supportive of the outcome for correcting some old mistakes. She wrote, The exceptional approach to the causal inquiry which derives from McGhee and Fairchild does not apply to the Wardlaw/Bailey situation because there was in the former cases a need to modify the “but for” test because no “but for” causation could otherwise be ...
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 liability. Legal causation uses the 'operative and substantial' test. The defendant's acts must be the 'operative and substantial ...
R v Holland (1841) is a general-principle English criminal law decision as to novus actus interveniens — breaking the chain of causation. It confirmed the rarity of scenarios that will break the chain when serious, intentional bodily harm is carried out.
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.