GNM Flashcards
what is GNM
when D owes V a DOC, breaches that duty in a very negligent way causing death of V. Act or omission - doesn’t have to be unlawful
what case established elements required to prove GNM and what are these (5)
adomako:
1) duty of car
2) breach of duty
3) breach causes death
4) gross negligence
5) risk of death
what did court say in Adomako
D’s failure to react to the disconnected tube was ‘abysmal’
what did Adomako say in relation to duty of care
Lord Mackay - ordinary principles of negligence in civil law apply where a DOC exists + it has been breached
in what case did Lord Atkin set out test for negligence in civil cases: D owes DOC to anyone closely + directly affected by his act or omission
Donoghue v Stevenson
DOC can arise in diff. situations. what the relationship in Adomako
Doctor and patient
in what case did D’s voluntarily undertake DOC + fail in that DOC when they didn’t feed Stone’s sister or summon medical help
Stone & Dobinson
In what case did D owe DOC through tenancy agreement
Singh
In what case did D owe a DOC due to a contract
Litchfield
what did COA confirm in Wacker
that there can be a duty in a criminal case even if not in a civil case, because the V’s were parties to an illegal act
what case confirmed that D can still owe a DOC to V even if D+V are engaged in criminal activity
Willoughby
in what case was the breach a failure to summon help after an overdose
Evans
what must be proven for causation
that D’s BOD was the case of V’s death and that had D exercised proper care the death would not have occurred (if relevant thin skull rule/ medical intervention)
negligence has to be ‘gross’ and case
Bateman: ‘beyond a matter of mere compensation between subjects + showed such disregard for the life + safety of others as to commit a crime against the state + conduct deserving of punishment’
what case confirmed it is for the jury to decide if BOD is serious enough to amount to ‘gross’ negligence
Adomako
in what case did the jury find D’s decision to sail without safe engines as a backup in bad weather gross negligence
Litchfield
In which case did the V die following doctors negligence and the court confirmed risk must relate to death not just injury
Misra & Srivistava
