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fatal
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Cards (12)
gross
negligence
manslaughter
- don't buy green rats
duty of care
-
d
must owe v a
duty of care
(adomako)
ordinary principles
of negligence apply (
caparo
v
dickman
)
fact that d was part to an
illegal act
is not
relevant
(
wacker
)
duty can be
contractual
(singh) (
litchfield
)
duty
can arrise due to
relationship
(
stone
and
dobinson
)
duty
can arrise when d creates a state of affairs (
evans
)
breach
- breach must cause death - can be ommisssion or
act
gross
- must be
gross
- (
bateman
)
def of
gross
- the
neglifence
went beyong a mere matter of
comensation
between subjects and showed such a
disregard
for the life and
safety
of others
test gross
-
adomako
confirmed
bateman
risk
- must be a risk of death (
adomako
) (
mirsa
)