Revision Book Flashcards
(34 cards)
Give a case example of where the AR was formed before the MR?
Miller - fell asleep smoking a cigarette, woke to find the mattress smouldering and moved to another room to go back to sleep. The courts said he created a dangerous situation which gave rise to a duty to act.
AR and MR must coincide. Name a case where the courts have extended the AR to be a continuing act?
Fagan - driving on police officers foot and refusing to move when he became aware. The AR came into being when the car made contact with the foot and continued the whole time it was on the foot and ended when it was moved. When D refused to move the car he formed the MR.
Give a case example where the MR was formed before the AR?
Church - V mocked D for being unable to satisfy her sexually and she slapped him. He attacked her (MR), knocking her unconscious but D believed she was dead. He threw her body into the river and she drown (AR). Liable if when viewing the incident as a whole it is seen as a series of events designed to cause death or GBH.
What is strict liability?
It requires no MR. Example would be Bowsher where D was convicted of driving whilst disqualified even though he believed the period was over.
What is causation?
It is a link between the act and the consequence that has occurred.
Causation has a two staged test, what is it?
The legal cause (need not be the sole or main cause in Pagett and must be substantial in Cheshire) and the factual cause (but for test established in White).
Which case established the but for test and explain it?
White - D poisoned mothers drink but she died of natural causes before it took effect. He is not e factual cause of her death.
Which case established the legal causation and explain?
Pagett - D used pregnant girlfriend as a shield and she was shot by police. Held D’s act need not be the sole cause of her death as long as it contributed significantly to that result.
What will break the chain of causation when medical treatment is needed?
Only if it is so potent that it makes the D’s actions insignificant (Cheshire) or if the treatment given was palpably wrong (Jordan).
What are the facts in Jordan?
D stabbed V who was taken to hospital. Wound healed but V died from an allergic reaction to drugs administered at the hospital. D not liable as original wound had healed and the medical treatment was palpably wrong therefore breaking the chain of causation.
What are the facts in Cheshire?
D shot V in leg and stomach which needed medical treatment. V suffered complications following a tracheotomy which hospital failed to recognise. Original injuries no longer life threatening and V would not have died if he received appropriate care. However the need for the tracheotomy came from the shot, thus he remained liable.
When will circumstances break the chain of causation?
If they are an overwhelming cause of death and an unforeseeable occurrence.
What is an intervening act?
Something which occurs after the D’s act and they fall into 3 categories:
- acts of the victim
- acts of third parties
- naturally occurring events
What is meant by acts of the victim as an intervening act, give a case example?
Roberts said the V’s actions will only break the chain if they were so daft as to be unforeseeable. V jumped from moving car after D interfered with her clothing. Held it was foreseeable she would try and escape.
What is the thin skull rule and give the leading case on it?
D is liable for the full extent of V’s injuries even if V suffers greater harm than an ‘ordinary’ victim would suffer. The leading case is Blaue where the V was stabbed and refused a blood transfusion as it was against her religious beliefs. Thin skull rule applied.
Can third parties break the chain of causation?
Possibly for example an ambulance driving to hospital with V of stabbing and crashes into the river. This is unforeseeable and could potentially break the chain. However, if it were not for the D’s actions the ambulance would not have been needed.
What is a naturally occurring event?
Where it is foreseeable that the V could die in the circumstances for example, V is punched unconscious on the beach below the tide line, foreseeable that the waves will wash him out to sea.
The general rule is that there is no liability for omissions, what are the exceptions to this?
Statute Contract Special relationships Voluntary assumption of care Dangerous situations
How is being under a contract an exception to omission?
Pittwood - D contracted to open and close level crossing gate and failed to do it killing the V. Liable as he failed to perform his contractual obligations.
How is a special relationship and exception to omissions?
Certain relationships can create a duty to act i.e. Parent/child, doctor/patient. In Gibbins and Proctor they failed to feed his daughter and she died. He had a duty under a special relationship.
How is voluntary assumption of care an exception to omissions?
In Gibbins and Proctor the woman had previously fed the partners daughter and then stopped doing so. She had voluntarily assumed care for the child.
How can creating a dangerous situation be an exception to omissions?
Miller - D fell asleep with cigarette in a squatters house and woke to a smouldering mattress. Instead of putting the fire out he went to another room and went back to sleep. He should have tried to miniseries the damage caused from his dangerous situation.
What are the two things that form MR?
Intention (deliberately) and recklessness (doing so carelessly).
What are the two types of intention?
Direct (where the consequence is their aim, purpose or desire - Steane) and oblique (if the consequence was virtually certain to occur as a result of D’s actions - Woolin).
