Practice question · Put in order
A man is injured by the accused and dies in a hospital fire that night. Arrange the questions the court works through, in order.
- Was it that risk, rather than another, that produced the death?
- Did that conduct create a legally disapproved risk?
- Does the result fall within the protective scope of the norm breached?
- Did the accused's conduct cause the injury?
Hints
- The factual question comes before any normative one.
- Asking which risk materialised presupposes that a disapproved risk was created.
Show the answer
- Did the accused's conduct cause the injury?
- Did that conduct create a legally disapproved risk?
- Was it that risk, rather than another, that produced the death?
- Does the result fall within the protective scope of the norm breached?
Why
The sequence is what makes the case tractable. Causation is admitted at the first step and the analysis does not stop there; the second step is satisfied; the third fails, because the man died of fire and not of the wound. Working in order shows precisely where the attribution breaks, which a single global judgment never does.
Practise The Objective Side: Causation and Imputation
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