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Hey, I would really appreciate any help.
My question is whether when there is an offence committed and in result of this offence V develops a mental condition (e.g. depression) and decides to harm himself, is the chain of causation broken or not?
My question is whether when there is an offence committed and in result of this offence V develops a mental condition (e.g. depression) and decides to harm himself, is the chain of causation broken or not?
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#2
I'm not an expert on tort, but I guess that you need to look at the law relating to remoteness of damage? The test was in The Wagon Mound when I studied tort, but that was a very, very long time ago.
Follow the Forum posting advice and you might get a better discussion from other students who are much more qualified than me in this area!
Follow the Forum posting advice and you might get a better discussion from other students who are much more qualified than me in this area!
(Original post by zakaz2)
Hey, I would really appreciate any help.
My question is whether when there is an offence committed and in result of this offence V develops a mental condition (e.g. depression) and decides to harm himself, is the chain of causation broken or not?
Hey, I would really appreciate any help.
My question is whether when there is an offence committed and in result of this offence V develops a mental condition (e.g. depression) and decides to harm himself, is the chain of causation broken or not?
Last edited by Bitesizelaw; 2 years ago
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#3
(Original post by zakaz2)
Hey, I would really appreciate any help.
My question is whether when there is an offence committed and in result of this offence V develops a mental condition (e.g. depression) and decides to harm himself, is the chain of causation broken or not?
Hey, I would really appreciate any help.
My question is whether when there is an offence committed and in result of this offence V develops a mental condition (e.g. depression) and decides to harm himself, is the chain of causation broken or not?
Presumably you are referring to Criminal law, so see R v. Dear (operating and substantial cause test)and R v. Roberts (was the victim's behaviour foreseeable), among many others.
On the off chance, you are referring to causation in Tort, something like Corr v. IBC Vehicles is a good starting point.
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#4
Is this a criminal or tort question?
Chain of causation is treated differently in both.
Chain of causation is treated differently in both.
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#5
I would say broken - certainly for criminal law purposes and almost certainly for tort.
(Original post by zakaz2)
Hey, I would really appreciate any help.
My question is whether when there is an offence committed and in result of this offence V develops a mental condition (e.g. depression) and decides to harm himself, is the chain of causation broken or not?
Hey, I would really appreciate any help.
My question is whether when there is an offence committed and in result of this offence V develops a mental condition (e.g. depression) and decides to harm himself, is the chain of causation broken or not?
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