GNM Flashcards
r v adomako
The 3 requirements for GNM
What is the first element
D must owe a duty of care
donoghue v Stevenson
Neighbour principle/ close relationship
r v willoughby
Doctor and patient duty of care
r v wacker
Aslong as duty of care it is irrelevant that v was party to an illegal act
What is the 2nd element
D breaches the duty and breach causes death
r v Edward’s
Held to have ignored obvious and serious risk
r v Evan’s
If d creates a dangerous situation which has become life threatening there is a duty to save life
What is element 3
Negligence is gross which jury considers to be criminal
Bateman
Negligence is gross when it goes beyond a matter of mere compensation, disregard for life and safety and deserving punishment
r v Singh
Reasonable and prudent person would have foreseen obvious risk not merely of injury or even serious injury but death
r v misra: r v srigastanaz
Must be risk or death
