Cases Flashcards
What is the case for contracts in the civil law?
Donahue v Stevenson
What are the facts of Donahue v Stevenson?
Donahue’s friends bought her a drink and she ended up getting really ill. It was said there was a snail in the drink. But as her friend bought it the friend was under contract not Donahue.
What was the point of law in Donahue v Stevenson?
The manufacturer owned a duty of care towards her so she ended up getting compensation
What is a case for AR?
Hill v Baxter
What are the facts of hill v Baxter?
Man failed to stop and crashed his car. Claimed unaware of what he was doing - acting as an automaton
Point of law in hill v Baxter
If a D carries out the AR involuntarily, they can not be guilty of the offence. Court gave examples of an involuntary action - crashing a car whilst having a heart attack
What is the case for MR
R v Mitchell
What are the Facts of R v Mitchell ?
Man in a queue pushed V1 who fell injuring V2, who later died. D guilty of V2’s manslaughter
What is the Point of law in R v Mitchell?
Intent to commit the same crime against a different victim can be transferred from the intended to the unintended victim
What is a case for battery?
R v Thomas
What are the facts for R v Thomas?
D touched and rubbed the hen of two school-girl’s skirts
What is the Point of law in R v Thomas?
Any force given to anyone is classed as battery. It goes as low as touching someone’s sock
What is the case for assault?
R v Logdon
What are the facts for r v logdon?
D threatened V with a fake gun. When D saw that V was frightened, he told her that the gun was a fake. D was convicted of assault but appealed on the basis that he had no intent to physically harm V.
What was the point of law in r v logdon
D intentionally or recklessly caused V to believe that immediate unlawful force would be applied
