Law an der Aston University | Karteikarten & Zusammenfassungen

Lernmaterialien für law an der Aston University

Greife auf kostenlose Karteikarten, Zusammenfassungen, Übungsaufgaben und Altklausuren für deinen law Kurs an der Aston University zu.

TESTE DEIN WISSEN

describe duty of care/ neighbour principle 

Lösung anzeigen
TESTE DEIN WISSEN

-d must have a DOC to c. 

-this is established in DONOGHUE V STEVENSON which established the neighbor principle

-you have a DOC to your neighbor 

-your neighbor is anyone closely affected by your actions 

-Lord Atkin says that d must take reasonable care to prevent injuries to their neighbour in law

Lösung ausblenden
TESTE DEIN WISSEN

breach factor 5

Lösung anzeigen
TESTE DEIN WISSEN

the social utility of the activity involved 

-some risk that benefit in society there will be no breach 

-WATT: the benefit of saving a victim trapped under a vehicle outweighted the risks resulting from moving the equipment in an unsuitable fire engine 


Lösung ausblenden
TESTE DEIN WISSEN

what is assault?

Lösung anzeigen
TESTE DEIN WISSEN

-under section 39 of the criminal justice act 1988

-d intentionally or recklessly cause v to apprehend unlawful immediate violence 

Lösung ausblenden
TESTE DEIN WISSEN

three stage test stage 1 

Lösung anzeigen
TESTE DEIN WISSEN

what the loss or damage to the claimant reasonably foreseeable?

KNT V GRIFFITHS- it is reasonably foreseeable that a person will suffer harm if the ambulance failed to arrive within a reasonable time.

Lösung ausblenden
TESTE DEIN WISSEN

breach factor 2 

Lösung anzeigen
TESTE DEIN WISSEN

what is the magnitude of the risk?

-the greater the magnitude the more precautions will be need to be taken 

-BOLTON V STONE: the risk of harm was very low and the owners were not expected to take extra precautions therefore they was not in breach

Lösung ausblenden
TESTE DEIN WISSEN

What is the actus reus for UDAM?

Lösung anzeigen
TESTE DEIN WISSEN

1) there must be an UNLAWFUL ACT:

-this unlawful act must be a criminal act not a civil one 

franklin - the unlawful act must be a crime opposed to a civil wrong.

ariobeke- where the conviction was quashed as an assault was not established 

mitchell- d was liable for usam despite the fact that the person hit was not the one who died 

2) the unlawful act must be DANGEROUS:

- for the act to be dangerous the reasonable man has to see a risk of some physical harm 

-the defenition of dangerous comes from the case of church-  would the reasonable man see a rick of some physical harm from d's act?

-the unlawful act must be dangerous to a physical man, d does not need to see any risk at all 

newbury and jones- lord salmon said 'it is unnecessary to prove that D knew that the act was unlawful and dangerous'

- the reasonable man has the same knowledge as the d 

dawson-  not guilty as the reasonable man wouldn't seen a risk of some physical harm from the robbery

- unlawful act does not have to be aimed at the v 

mitchell-   where d was liable despite the fact that the person hit was not the one who died 

goodfellow - he set the house on fire but he did not mean for the people to die 

3) the unlawful act must have CAUSED THE DEATH:

- the unlawful act must be a substantial cause of v's death 

sohid- he wasn't the only cause of the death however he was the substantial cause 

- the unlawful act does not have to be the only cause of the death 

besides, can still be liable even if there are other factors 

-d must be a factual cause of the death, but for test by  white 

- d must be a legal cause of the consequence 

- for d to be liable there must be a direct link between d's act and the v's death- no break in the chain of causation 

-any break must be substantial from d's independent act 

-ommissions by their very nature do not break the chain of causation smith/blaue

Lösung ausblenden
TESTE DEIN WISSEN

duty of care/ update 

Lösung anzeigen
TESTE DEIN WISSEN

-The law was updated wuth CAPARO V DICKMAN 

-which established the 3 stage test to asses whether a DOC was owed 

Lösung ausblenden
TESTE DEIN WISSEN

factors relevant to the breach, explain what they are 

Lösung anzeigen
TESTE DEIN WISSEN

these factors will be taken into consideration in deciding if there has been a breach of duty of care. Risk factors will rise or lower the standard of care required 

Lösung ausblenden
TESTE DEIN WISSEN

beach factor 6

Lösung anzeigen
TESTE DEIN WISSEN

common practice

-if no evidence no negligence 

-BROWN V BRYCE ROLLS

Lösung ausblenden
TESTE DEIN WISSEN

Mens rea of UDAM?


Lösung anzeigen
TESTE DEIN WISSEN

- the mesn rea of udam is the mesn rea of the unlawful act 

- Look for transferred malice 

- even if the chain is not broken by another party that party can still be liable as an unlawful act may also be GNM

Lösung ausblenden
TESTE DEIN WISSEN

breach of duty 

Lösung anzeigen
TESTE DEIN WISSEN

-d is judged by the standards of a reasonable person in that situation with a person with similar skills and experience BLYTH V BIRMINGHAM 

- if d is a learned / inexperienced then he'll be judged by the standards of a competent person NETTLESHIP V WESTON 

-if d is a child then he'll be judged by the standards of a reasonable child with similar age MULLINS V RICHARD 

Lösung ausblenden
TESTE DEIN WISSEN

risk factor 1 

Lösung anzeigen
TESTE DEIN WISSEN

foreseeability of risk / possibility of harm:

there's no obligation on the D to guard against risks to other that those that are within his reasonable contemplation

-ROE V MINISTER OF HEALTH: the d was not liable as the event that occurred never occurred before 

Lösung ausblenden
  • 1217 Karteikarten
  • 200 Studierende
  • 3 Lernmaterialien

Beispielhafte Karteikarten für deinen law Kurs an der Aston University - von Kommilitonen auf StudySmarter erstellt!

Q:

describe duty of care/ neighbour principle 

A:

-d must have a DOC to c. 

-this is established in DONOGHUE V STEVENSON which established the neighbor principle

-you have a DOC to your neighbor 

-your neighbor is anyone closely affected by your actions 

-Lord Atkin says that d must take reasonable care to prevent injuries to their neighbour in law

Q:

breach factor 5

A:

the social utility of the activity involved 

-some risk that benefit in society there will be no breach 

-WATT: the benefit of saving a victim trapped under a vehicle outweighted the risks resulting from moving the equipment in an unsuitable fire engine 


Q:

what is assault?

A:

-under section 39 of the criminal justice act 1988

-d intentionally or recklessly cause v to apprehend unlawful immediate violence 

Q:

three stage test stage 1 

A:

what the loss or damage to the claimant reasonably foreseeable?

KNT V GRIFFITHS- it is reasonably foreseeable that a person will suffer harm if the ambulance failed to arrive within a reasonable time.

Q:

breach factor 2 

A:

what is the magnitude of the risk?

-the greater the magnitude the more precautions will be need to be taken 

-BOLTON V STONE: the risk of harm was very low and the owners were not expected to take extra precautions therefore they was not in breach

Mehr Karteikarten anzeigen
Q:

What is the actus reus for UDAM?

A:

1) there must be an UNLAWFUL ACT:

-this unlawful act must be a criminal act not a civil one 

franklin - the unlawful act must be a crime opposed to a civil wrong.

ariobeke- where the conviction was quashed as an assault was not established 

mitchell- d was liable for usam despite the fact that the person hit was not the one who died 

2) the unlawful act must be DANGEROUS:

- for the act to be dangerous the reasonable man has to see a risk of some physical harm 

-the defenition of dangerous comes from the case of church-  would the reasonable man see a rick of some physical harm from d's act?

-the unlawful act must be dangerous to a physical man, d does not need to see any risk at all 

newbury and jones- lord salmon said 'it is unnecessary to prove that D knew that the act was unlawful and dangerous'

- the reasonable man has the same knowledge as the d 

dawson-  not guilty as the reasonable man wouldn't seen a risk of some physical harm from the robbery

- unlawful act does not have to be aimed at the v 

mitchell-   where d was liable despite the fact that the person hit was not the one who died 

goodfellow - he set the house on fire but he did not mean for the people to die 

3) the unlawful act must have CAUSED THE DEATH:

- the unlawful act must be a substantial cause of v's death 

sohid- he wasn't the only cause of the death however he was the substantial cause 

- the unlawful act does not have to be the only cause of the death 

besides, can still be liable even if there are other factors 

-d must be a factual cause of the death, but for test by  white 

- d must be a legal cause of the consequence 

- for d to be liable there must be a direct link between d's act and the v's death- no break in the chain of causation 

-any break must be substantial from d's independent act 

-ommissions by their very nature do not break the chain of causation smith/blaue

Q:

duty of care/ update 

A:

-The law was updated wuth CAPARO V DICKMAN 

-which established the 3 stage test to asses whether a DOC was owed 

Q:

factors relevant to the breach, explain what they are 

A:

these factors will be taken into consideration in deciding if there has been a breach of duty of care. Risk factors will rise or lower the standard of care required 

Q:

beach factor 6

A:

common practice

-if no evidence no negligence 

-BROWN V BRYCE ROLLS

Q:

Mens rea of UDAM?


A:

- the mesn rea of udam is the mesn rea of the unlawful act 

- Look for transferred malice 

- even if the chain is not broken by another party that party can still be liable as an unlawful act may also be GNM

Q:

breach of duty 

A:

-d is judged by the standards of a reasonable person in that situation with a person with similar skills and experience BLYTH V BIRMINGHAM 

- if d is a learned / inexperienced then he'll be judged by the standards of a competent person NETTLESHIP V WESTON 

-if d is a child then he'll be judged by the standards of a reasonable child with similar age MULLINS V RICHARD 

Q:

risk factor 1 

A:

foreseeability of risk / possibility of harm:

there's no obligation on the D to guard against risks to other that those that are within his reasonable contemplation

-ROE V MINISTER OF HEALTH: the d was not liable as the event that occurred never occurred before 

law

Erstelle und finde Lernmaterialien auf StudySmarter.

Greife kostenlos auf tausende geteilte Karteikarten, Zusammenfassungen, Altklausuren und mehr zu.

Jetzt loslegen

Die all-in-one Lernapp für Studierende

Greife auf Millionen geteilter Lernmaterialien der StudySmarter Community zu
Kostenlos anmelden law
Erstelle Karteikarten und Zusammenfassungen mit den StudySmarter Tools
Kostenlos loslegen law