Negligence &Knowledge Flashcards
When is a person negligent?
if they fail to meet the standards of the reasonable man
what test determines negligence?
an objective test
When will a defendant be guilty under negligence?
when the defendant did not act as a reasonable man would have done in those circumstances
What is irrelevant when proving negligence?
what the defendant intend or thought
What makes negligence a much lower level of fault to the two levels of fault, intention and recklessness ?
the fact that what the defendant intended or thought is not relevant
What area of law is the concept of negligence making a person liable well known in?
civil law
What is negligence occur in sometimes?
statutory offences
What is an example of a statutory offence which negligence can occur?
s.3 of the Road Traffic Act 1988
What does s.3 of the Road Traffic Act 1988 make an offence?
to drive without due care and attention
What is the only mainstream offence for which negligence is relevant?
in manslaughter
What does gross negligence manslaughter mean?
this means that thee has to be a very high degree of negligence
What is the leading case on gross negligence manslaughter?
Adomako 1994
What do some sections included in some Acts of Parliament state?
whether the defendant ‘knowingly’ does something
Even though some Acts do not state that D must have knowledge, what is usually inferred for the defendant to be guilty?
it is usually inferred that knowledge is required for the D to be guilty
What happened in Sweet V Parsley 1969?
D was charged with management of premises used fro the smoking of cannabis resin even though D was not aware. HOL held not guilty as she did not have the knowledge.
