The latter – Mark – falls onto the road surface and breaks an arm. Mark is immediately

Question

taken to hospital where he receives treatment by Dr Awusi. Dr Awusi administers a
tranquilliser called Rest-Ezy to Mark, as Mark is quite upset about the accident.
Unfortunately, Mark responds with a violent allergic reaction which ultimately
culminates in his dying of suffocation. (This is the first recorded case in which death
results from treatment with Rest-Ezy.)
B) Can Nick’s and/or Dr Awusi’s conduct be regarded factually and legally as the
cause of Mark’s death? Discuss your answer only in the light of the issue of
causation. [10]

Answer 1

In order to determine if Nick's and/or Dr Awusi's conduct can be regarded as the cause of Mark's death, we need to consider the issue of causation. In law, causation can be divided into two main principles: factual causation and legal causation.

Factual causation deals with the question of whether the defendant’s actions were a necessary condition for the harm that occurred. In this case, it can be argued that Nick's actions of pushing Mark were a necessary condition for Mark falling onto the road and breaking his arm. Additionally, Dr Awusi's administration of Rest-Ezy to Mark was also a necessary condition for Mark's allergic reaction and subsequent death. Therefore, both Nick's and Dr Awusi's actions can be considered as factually causing Mark's death.

Legal causation, on the other hand, deals with whether the defendant’s actions were a legally significant cause of the harm that occurred. In this case, although Nick's initial action of pushing Mark may have set off the chain of events that led to Mark's death, it can be argued that Dr Awusi's administration of Rest-Ezy was the immediate and direct cause of Mark's death. Therefore, legally, Dr Awusi's action may be considered as the primary cause of Mark's death.

In conclusion, both Nick's and Dr Awusi's conduct can be regarded as the cause of Mark's death, with Dr Awusi's actions being more legally significant in this situation. The issue of causation in this case is complex and may involve a thorough examination of the circumstances surrounding Mark's death.