gross negligence MS

Question 1

where was the law on GNM explained

Answer 1

Adomako- established that the normal rules of negligence apply to duty and breach of duty

Question 2

there must be a duty of care that duty can arise from criminal law on omissions
case

Answer 2

wacker

Question 3

robinson v ccwy

Answer 3

in negligence the duty may already be well established

Question 4

caparo v dickman

Answer 4

if the duty is not well established the 3 stage test is used to see if it’s owed

proximity of relationship
FJR
RF harm

Question 5

Bolam v friern

Answer 5

D will be judged against the standards of the reasonable man or reasonably competent body of medical professionals

Question 6

size of the risk case

Answer 6

bolton v stone

Question 7

nettle ship v weston

Answer 7

no allowances for inexperience

Question 8

Mullins v Richards

Answer 8

if D is a child will be judged according to the reasonable child of the same age

Question 9

there must be a serious and obvious risk of death that the reasonable person would’ve foreseen
case

Answer 9

singh

Question 10

what type of test in singh

Answer 10

objective

Question 11

it must be proven the negligence was what

Answer 11

gross, this is for the jury to decide

Question 12

Ag’s ref No2 1999

Answer 12

no need to establish mens rea

Question 13

Bateman

Answer 13

gross negligence was where the d showed disregard for life and the safety of others that it amounted to a crime

Question 14

conduct which is so bad in all circumstances to amount to a crime deserving of punishment
case

Answer 14

Adomako