Zusammenfassung der Ressource
Section B- AO2
- IN THE CASE OF ROY
- Mark and Roy was fooling around- didn't fear any violence
- Lamb
- A reasonable man would realise the risk - Eliot
- Roy complies with the duty as he calls 999
- The antibiotics and ambulance are intervening acts
- break the chain of causation
- possible charge of sunjective recklessness
- positive unlawful act - using a knife
- the likely offence = unlawful act manslaughter
- Mark didn't have the MR as he tripped
- IN THE CASE OF DR BROWN
- Gross negligent manslaughter
- owed a duty of care through his official position
- likely offence = gross negligence
- contractual obligations lass a duty of care
- jury decides if it is grossly negligent
- no definition of gross
- didn't ask if there was any allergies - gave it in large doses
- serious risk
- 20hr shift- links to illegal working
- courts are unwilling to find doctors reasonable unless like adomako they fall below professional standards.
- Dr Brown likely to be liable
- Mark refuses a blood transfusion due to religion
- in his right so no breach
- Blaue