Gross Negligence MS Flashcards
1
Q
What is the case for Gross negligence?
A
Adomako
2
Q
What is stage one of gross negligence?
A
The D must owe a duty of care
3
Q
What is the key law of stage one?
A
Adomako- “ordinary principles of negligence apply”
Foreseeable, proximity, reasonable?
4
Q
What is the side rule for stage one?
A
Joint enterprise- if the d & v are jointly engaged in a crime they still owe eachother a duty of care (wacker)
5
Q
What is stage two of gross negligence?
A
Has the d breached the duty of care?
6
Q
What is stage three of gross negligence?
A
Did the breach of duty involve a risk of death?
7
Q
What is stage four of gross negligence?
A
Is the breach of duty gross?
8
Q
What is the key law for stage four of gross negligence?
A
Was the breach so bad that it ought to be a crime?
