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The system of precedent

Breaking the chain

The rules of causation explained

Marian Tregear presents a case and considers the rules of causation.

Consider the following scenario:

The scenario raises an issue of causation. In order to determine whether Martha is liable for murder or manslaughter it must be established that she caused Jane’s death. Factual causation is established by the application of the ‘but for test’ (White, 1910), however the issue of legal causation is more problematic. What is legal causation and how is it determined?

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The system of precedent

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