GNM

Question 1

what case sets out the 6 elements?

Answer 1

R v Broughton

Question 2

what are the 6 elements?

Answer 2

1. D must owe a duty to V
2. D must breach that duty
3. Must be a serious and obvious risk of death
4. risk must be reasonably foreseeable
5. D’s breach must cause V’s death
6. Breach must be grossly negligent

Question 3

element 1 case(s)

Answer 3

D must owe a duty of care
ROBINSON ALWAYS- if a similar case owed a duty in the past, the current case is likely to owe one
Contractual: Pitwood
Relationship: Gibbons and Proctor
ARV: Stone and Dobbinson
Public Office: Dytham
Dangerous situation: Miller

Question 4

element 2 case(s)

Answer 4

Breach of Duty
Blyth v BWW: DEFINITION- falling below standard of care expected
Bolam: professionals compared to professionals
Mullin v Richards: age
Nettleship v Weston: Inexperience
4 RISK FACTORS-SSPB

Question 5

element 3 case

Answer 5

Serious and obvious risk of death
R v Rose

Question 6

element 4

Answer 6

Reasonably foreseeable? explain what the reasonable person would foresee

Question 7

element 5 case(s)

Answer 7

Breach must cause the death
FACTUAL CAUSATION
LEGAL CAUSATION
INTERVENING ACTS

Question 8

element 6 case

Answer 8

D must be grossly negligent
Broughton- truly exceptionally bad as to require criminal sanction