GNM Flashcards
What case sets out the proof for GNM?
Broughton
What is the proof for GNM?
- D must owe V a duty of care
- D must breach this duty
- There must be a serious and obvious risk of death
- The risk of death must be reasonably foreseeable
- D’s breach must cause V’s death
- The breach must be grossly negligent
Case law for Contractual duty?
R v Pittwood
Case law for Relationship duty?
R v Gibbins and Proctor
Case law for Voluntarily assuming responsibility?
R v Stone and Dobbinson
Case law for Public Office?
R v Dytham
Case law for Creating a dangerous situation?
R v Miller
What case defines D having a duty, what does it define it as?
Robinson v CCoWY- D must owe a duty of care, which can be proven based on past precedents.
Where is a breach defined, and what as?
Blyth v BWW - Where D falls below the standard of care expected.
Case law for professional comparison.
Bolam - Being a professional or acting as one will raise the standard of care expected. **Professionals are compared to the reasonable professional. **
Case law for Age comparison
Mullin v Richards - Age will lower the standard of care to that of the reasonable child of the same age
Case law for inexperience
Nettleship v Weston - Inexperience doesn’t lower the standard of care.
Case law for small risk of harm
Bolton v Stone - If the risk of harm happening is low the reasonable man would take less precautions
Case law for large risk of harm
Miller v Jackson - If the risk of harm happening is high the reasonable man would take more precautions
Case law for Seriousness of potential harm
Paris v SBC - The reasonable man will take more care where the seriousness of potential harm is great
Factual Causation
R v Pagett - But For
Case law for Practicability of precautions
Latimer v AEC - the reasonable man will take precautions proportionate to the size and seriousness of potential harm.
Case law for Benefits of taking a risk
Watt v HCC - The reasonable man will take risks if the benefit outhweighs the risk.
Case law for serious and obvious risk shown? What else deos the risk need to be?
R v Rose - an obvious risk is a present risk which is clear and unamiguous, without further investigation.
The risk of death also needs to be reasonably foreseeable to the reasonable man.
Legal Causation
Smith, Jordan (when medical is involved)
What are the intervening acts and their cases?
- Acts of God - R v White
- Acts of third party - Pagett (DB), Jordan (B)
- Acts of Victim - Williams (DB), Roberts (B)
