Physical Elements

Question 1

What is an omission

Answer 1

A failure to act

Question 2

When does the law give you a duty to act. Name the 4 times and the cases

Answer 2

Contractual Duty ~ pitwood
Special relationship ~ gibbons & proctor
Voluntary assumption of a duty ~ gibbons &, proctor
Creating a dangerous situation ~ miller

Question 3

What is factual causation

Answer 3

The “but for” test.
“ But for the defendants actions would the result have happened anyway”

(R V WHITE)

Question 4

What is legal causation

Answer 4

How much of the contribution the D has made to the result. The D must have made a significant contribution. More than a slight or trifling link. Need not be the main cause but more than trivial .
R V KIMSEY

Question 5

Victims own actions

Answer 5

As long as victims actions are “reasonable and foreseeable” chain of causation will not break
R V ROBERTS

Question 6

Bad medical treatment

Answer 6

As long as original injuries were an “operating and substantial” cause of the Vs death. Chain will not be broken
R V CHESHIRE

Question 7

Thin skull rule

Answer 7

Must take V as you find them. D is liable for all consequences regardless of the Vs vulnerability. chain is not broken
R V BLAUE

Question 8

Switching off life support machines

Answer 8

Defendant still liable. Chain is not broken
MALCHERICK & STEELE

Question 9

V refusing medical treatment

Answer 9

Victim has no legal obligation to seek medical help
R V HOLLAND

Question 10

Acts of a third party

Answer 10

Defendants must have made a contribution to the results. They do not need to be the sole cause .chain not broken
R V PAGGET

Question 11

What is actus reus

Answer 11

“guilty act”
Must be voluntary
Defendant must have control over actions to be guilty