GNM

Question 1

r v adamako

Answer 1

1- did d owe a duty of care
2- did d breach duty
3- did the breach cause death
4- was he grossly negligent

Question 2

r v broughton 2020

Answer 2

adds to adamako “ was it reasonably forseeable that the breach gave rise to serious and obvious risk of death”

Question 3

R v rudling

Answer 3

Serious risk is not the same as possibility of death

Question 4

R v rose

Answer 4

An obvious risk is a present risk which is clear and unambiguous

Question 5

R v Bateman

Answer 5

In the opinion of the jury the d went beyond mere compensation and disregard for the life and safety of others

Question 6

R v khan & khan

Answer 6

Drug dealers can owe a duty of care to their clients

Question 7

Donaghue v Stevenson

Answer 7

You must take reasonable care to avoid acts of omission which you can reasonably foresee would be likely to hurt your neighbour - the neighbour test

Question 8

Robinson v chief constable of West Yorkshire police

Answer 8

Here there is existing precedent there is no need to apply the third stage of the caparo test

Question 9

Nettleship v western

Answer 9

Defendants are expected to meet the same standard as the reasonable competent person