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Words: | Submitted: Thu Nov 04 2004
... to prosecute must be obtained." This introduction has meant it provides justice for the victim and reflects the defendant's degree of fault. The three year rule also deals with causation as the attorney general's permission is needed. As for causation it could be said that it is too easy to pass the "but for" test and substantial cause tests as it is very easy to find a causal link between the defendant's actions and the outcome. The operating cause test tries to provide justice as unforeseeable acts break the chain of causation. There is controversy over medical cases. For example blaue, you could argue that the defendant shouldn't put the victim in that position, but it could also be argued that the rule doesn't reflect the defendant's degree of fault and is too harsh. In Omissions the duty in certain relationships is solely case law, this means you must wait for ...
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