GNM

• What is GNM?


  Not an unlawful act - through Act or Omission
• Who created the 4 points for GNM?


  Adomako
• What is the 1st point for GNM?


  Did the D owe a duty of care?
• How could the D owe a duty of care?


  through the Principles of Negligence or State of Affairs (omission)
• What case would you use for State of Affairs (omission)?


  Evans
• What did Donoghue V Stevenson create?


  The Neighbouring Principle
• Who created the 3 stage test?


  Caparo
• What is the 3 stage test?


  Was damage/ harm reasonably foreseeable?

  is there a sufficient proximate (close) relationship between the V and D?

  is it fair, just and reasonable to impose a duty of care?
• When do you use the 3 stage test? 


  Only in novel cases - Robinson
• What is the 2nd point for GNM?


  Did the D breach that duty of care through an Act or Omission?
• What is the 3rd point for GNM?


  Did the breach of duty of care cause the death? - causation

  if it’s through an omission you have to prove the breach caused the death - Broughton (2020)
• What is the 4th point for GNM?


  the Breach of duty must amount to ‘gross negligence’
• What case defined the term ‘gross’?


  Bateman - so bad so seen as criminal
• What is the case of Misra used for?


  risk of death