Gross Negligence MS

Question 1

definition and stages

Answer 1

when the d owes a duty of care, the duty is breached and leads to death of the v
Adamako established a 4 stage test

Question 2

stage 1

Answer 2

the d must owe the v a duty of care
Adamako “ordinary principles of negligence apply”
Foreseeable that v will he injured as a result of actions
Proximity relationship of legal closeness (omissions)
Reasonable to give duty

Question 3

Side rule stage 1

Answer 3

Joint enterprise
if d and v are jointly engaged in a crime they will owe each other a duty of care (Wacker)

Question 4

Stage 2

Answer 4

has the d breached the duty of care (adamako) “quote”
has the d acted like a reasonable person or have they failed to reach the standards

Question 5

Side rules under stage 2

Answer 5

omissions
contractual duty (pitwood)
Voluntary duty ->
special relationship (Gibbons v procter)
creating a dangerous situation (Miller)

Question 6

stage 3

Answer 6

did the breach involve risk of death (misra)
causation issues ?

Question 7

stage 4

Answer 7

was the breach of duty gross
was the breach so bad that it ought to be a crime, did the d show a total disregard to the life and safety of others (Bateman/Adamako)