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10 Cards in this Set
- Front
- Back
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Adomako says gross Neg requires |
D to owe a duty of care to a V D to breach duty of care Breach is grossly negligent and considered criminal Risk of deatj |
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Caparo v Dickman |
D must owe duty of care to V. |
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Duties of care |
Landlord and tenant (Singh) Contractural Duty (pittwood) Through relationship (gibbons and proctor) Voluntarily (stone and Robinson) Doctor and patient ( adomako) Employer and employee (R v DPP ex parte Jones) Transport carrier and passenger (Litchfield) D created dangerous situation (Evans) D and V even if engaging in criminal activity (Willoughby) |
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Blyth test |
D must act as the reasonable person would have acted otherwise they will have breached their duty of care |
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What must the breach have caused? |
Death |
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The negligence must be |
Gross |
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Andrews |
A simple lack of care isn't enough |
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Bateman |
Gross means the conduct showed a disregard for the life and safety of others as to amount to a crime and deserving punishment |
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Adomako |
Jury must consider the conduct to amount to a criminal act or omission |
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Misra and Srivastava |
D's conduct must cause a risk of death |
