118800
Description
Mind Map by amy_wilkinson, updated more than 1 year ago
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Created by amy_wilkinson
almost 12 years ago
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Gross Negligence
Manslaughter
- Adomako (1994)
- The defendant was an anesthetist for
an operation in which the patient died
after an oxygen tube became
disconnected. Doctors giving evidence in
the trial said that a competent anesthetist
would have noticed the disconnection of
the tube within 15 seconds, and that D's
failure to react was "abysmal".
- There are four elements to gross
negligence manslaughter.
- There are four elements to gross
negligence manslaughter.
- The defendant was an anesthetist for
an operation in which the patient died
after an oxygen tube became
disconnected. Doctors giving evidence in
the trial said that a competent anesthetist
would have noticed the disconnection of
the tube within 15 seconds, and that D's
failure to react was "abysmal".
- Existence of a duty of care towards
the victim
- Adomako (1994)
- The ordinary principles of negligence in the civil law
applied to ascertain whether there was a duty of
care, and whether that duty had been breached.
- The ordinary principles of negligence in the civil law
applied to ascertain whether there was a duty of
care, and whether that duty had been breached.
- Donoghue and Stevenson (1932)
- A duty of care is owed
to "persons so closely
and directly affected by
my act that I ought
reasonably to have
them in contemplation
as being so affected
when I am directing my
mind to the acts or
omissions which are
called into question".
- A duty of care is owed
to "persons so closely
and directly affected by
my act that I ought
reasonably to have
them in contemplation
as being so affected
when I am directing my
mind to the acts or
omissions which are
called into question".
- Singh (1999)
- A faulty gas fire
resulted in the
deaths of some of
D's tennants
- The duty of a landlords to his
tenants to maintain and manage
property is a duty of care.
- The duty of a landlords to his
tenants to maintain and manage
property is a duty of care.
- A faulty gas fire
resulted in the
deaths of some of
D's tennants
- Litchfield (1998)
- D, who was the owner of a
sailing ship, knew that
engine failure was likely due
to contaminated fuel. Three
crew members died when
the ship was driven on to
rocks.
- There was a duty of care.
- There was a duty of care.
- D, who was the owner of a
sailing ship, knew that
engine failure was likely due
to contaminated fuel. Three
crew members died when
the ship was driven on to
rocks.
- Enter text here
- Adomako (1994)
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