AR Case Test

Question 1

Adomako

Answer 1

Duty under contract —> omission

Question 2

Dytham

Answer 2

Duty through status —> omission

Question 3

Evans

Answer 3

Voluntary Assumed Responsibility —> omission

Question 4

Gibbons & Proctor

Answer 4

Duty of reliance through relationship —> omission

Question 5

Miller

Answer 5

D has caused a dangerous situation and has failed to put it right —> omission

Question 6

White

Answer 6

But for the actions of the defendant would the consequences have occurred at that time? —> Factual Causation

Question 7

Jordan

Answer 7

D was given palpably wrong treatment so the wound was no longer the operating cause

Question 8

Cheshire

Answer 8

Only in the most extraordinary and unusual circumstances would the chain be broken
There has to be an overwhelming failure on the doctors part

Question 9

Smith

Answer 9

For an omission, if the wound is still an operating or substantial cause D is still liable

Question 10

Roberts

Answer 10

Actions of the V were reasonably foreseeable so no break of the chain

Question 11

Williams

Answer 11

Vs actions not foreseeable so chain was broken
Daftness test = Was Vs conduct reasonable or so daft to break the chain?

Question 12

Blaue

Answer 12

Refusal of treatment—> thin skull rule

Question 13

Pagett

Answer 13

NAI of third party
Police’s actions were reasonably foreseeable so the chain didn’t break

Question 14

Holland

Answer 14

Self Neglect
Ignoring medical advice won’t break the chain

Question 15

Dalby

Answer 15

Voluntary Acts
HOL stated that a voluntary act by V also breaks the chain