Topic 4: Causation
Legal Causation
Part 3
29 March 2023
Special Aspects of Legal Causation
Special rules
• 3 special rules:
1. Thin skull rule
2. Encouragement of suicide
3. Medical treatment
Special aspects investigated:
1. FC → CSQN or CCQN
2. LC → special rules
1. Thin skull rule = talem qualem rule
= Expression of public interest.
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abnormal physiological conditions
examples: very weak heart, very fragile bones,
abnormally high blood pressure etc.
People with abnormal physiological conditions
naturally vulnerable and are very easily harmed
by conduct which is usually harmless
Typical Scenario:
• X gives V a friendly slap on the back.
• V has a fragile spine, which X does not know about.
• The slap break V’s spine and V dies.
Did X cause V’s death?
• Dictum: Take the victim as you find him/ her.
• the law presumes X was aware of V’s special physiological condition.
• Abnormal physiological condition is never a novus actus.
• Wilson v Birt (PTY) Ltd 1963 (2) SA 508 (D)
• McKechnie (1992) 94 Cr. App. R. 51
• Du Plessis 1960 (2) SA 642 (T)