|
|
Created by Erin Ashby
over 10 years ago
|
|
| Question | Answer |
| Burden of Proof | beyond reasonable doubt |
| WHAT IS THE ACTUS REUS? | usually a voluntary act (hill v baxter and state of affairs when not) sometimes a failure to act eg. omission |
| Involuntary acts | Larsonneur and Winzer v Chief constable of kent |
| statutory duty | RTA S6 1988 - FAILURE TO GIVE A SEPCIMIN OF BREATH AT ROADSIDE |
| Contractual duty | pittwood |
| duty due to relationship | gibbins and proctor |
| duty taken on voluntarily | stone v dobinson |
| official position duty | dytham |
| duty due to d setting in motion a chain of events | miller |
| Factual Causation | 'but for' paggett and white |
| legal causation | smith - operating and substantial cause de minimus - kimsey |
| Intervening acts | novus actus intervenus, 3rd party(medical), victims own act(roberts/williams), unforseeable event(Puma). |
| Thin Skull rule | take your victim as you find them - blaue |
| medical treatment | only break if act is so poten and palpably wrong. grossly bad = not forseeable. cheshire, jordan and malcharek |
Want to create your own Flashcards for free with GoConqr? Learn more.