R v Hayward [1908]

R v Hayward [1908] 21 Cox CC 692 is a leading case on the issue of causation in the context of unlawful act manslaughter.

In this case, the defendant's unlawful act of threatening his wife with violence caused her to be frightened, which combined with her pre-existing medical condition to lead to her death. The court held that the defendant was responsible for the death, even though he did not physically touch his wife, because his unlawful act was the cause of the chain of events that led to her death.

The court also applied the eggshell skull rule, which means that a defendant is responsible for the full extent of the harm caused to a victim, even if the victim has a pre-existing medical condition that makes them more vulnerable to harm. In other words, the defendant must take the victim as they find them, regardless of their pre-existing medical condition.

The thin skull rule, also known as the eggshell skull rule, is a legal doctrine that holds a defendant responsible for the full extent of the harm caused to a victim, even if the victim has a pre-existing medical condition or vulnerability that makes them more susceptible to injury, as in Smith v Leech Brain & Co [1962]. In other words, a defendant must take a victim as they find them, and cannot use the victim's pre-existing condition as a defence to limit their liability, as in R v Blaue [1975].

The rule is called the thin skull rule because it was used in cases where a victim's skull or brain was particularly vulnerable to injury due to a pre-existing condition such as a thin skull, which might increase the risk of harm from a head injury. However, the rule is not limited to cases involving head injuries or medical conditions affecting the skull. It can apply to any pre-existing condition that makes a victim more susceptible to injury or harm.

The thin skull rule is often applied in cases of negligence, personal injury, and criminal law, particularly in cases of assault or battery where a victim's pre-existing condition may make them more vulnerable to harm. The rule serves to protect vulnerable individuals and ensure that defendants are held accountable for the full extent of the harm they cause, regardless of the victim's pre-existing condition or vulnerability.
Back to blog

UOL Case Bank

Upon joining, you become a valuable UOL student and gain instant access to over 2,100 essential case summaries. UOL Case Bank is constantly expanding. Speed up your revision with us now.

Subscribe Now

Where are our students from?

Council of Europe
Crown Prosecution Service
Baker Mckenzie 
Yale University
University of Chicago
Columbia University
New York University
University of Michigan 
INSEAD
University of London
University College London (UCL)
London School of Economics (LSE)
King’s College London (KCL)
Royal Holloway, University of London 
Birkbeck, University of London
SOAS, University of London
University of Manchester
University of Zurich
University of York
Brandeis University
University of Exeter
University of Sheffield
Boston University
University of Washington
University of Leeds
University of Law
University of Kent
University of Hull
Queen’s University Belfast
Toronto Metropolitan University
Hong Kong University of Science and Technology
University of Buckingham
ESSEC Business School

  • Criminal Practice

    Diagrams and Charts

    Our carefully designed diagrams and charts will guide you through complex legal issues.

  • Criminal Law

    Clear and Succinct Definitions

    Key concepts are concisely defined to help you understand legal topics quickly.

  • Property Law

    Statutory Provisions

    Statutory provisions are provided side by side with legal concepts to help you swiftly locate the relevant legislation.

  • Public Law

    Case Summaries

    We have summarised important cases for you so that you don't need to read long and boring cases.

  • Evidence

    Rules and Exceptions

    Rules and exceptions are clearly listed so that you know when a rule applies and when it doesn't.

  • Company Law

    Terminology

    Legal terms and key concepts are explained at the beginning of each chapter to help you learn efficiently.

  • Case Law

    Case law is provided side by side with legal concepts so that you know how legal principles and precedents were established.

  • Law Exam Guide

    Law Essay Guide

    You will learn essential law exam skills and essay writing techniques that are not taught in class.

  • Law Exam Guide

    Problem Question Guide

    We will show you how to answer problem questions step by step to achieve first-class results.

  • Conflict of Laws

    Structured Explanations

    Complex legal concepts are broken down into concise and digestible bullet point explanations.

  • Legal System and Method

    Legal Research

    You will learn legal research techniques with our study guide and become a proficient legal researcher.

  • Jurisprudence and Legal Theory

    Exam-focused

    All essential concepts, principles, and case law are included so that you can answer exam questions quickly.