Question
X, a cashier in a supermarket, is shot in the stomach by Y during a robbery at the supermarket. The bullet damaged the spinal cord
X, a cashier in a supermarket, is shot in the stomach by Y during a robbery at the supermarket. The bullet damaged the spinal cord of X, with the result that he is paralysed and is forced to use a wheelchair. The doctors warned X that he must constantly shift his position in the wheelchair to prevent compression sores. X's condition improves to such an extent that he is able to return to work at the supermarket. However, he is hospitalised again later as a result of septicaemia, from which he eventually dies six months after the shooting incident. A post mortem investigation revealed that the septicaemia was the result of severe compression sores which were caused by X's failure to move himself in the wheelchair. In addition it appears that X suffered from a blood disease since childhood, which made him more susceptible to septicaemia than healthy people. X's dependants institute a claim against Y for the loss of support. Y's only defence is that a causal link between his conduct and X's death was absent. Discuss, with reference to the nature of factual and legal causation and applicable case law, the consideration to be taken into account in determining whether Y should succeed in his defence. (20 Marks)
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