ADM JUS 2 Lecture Notes - Lecture 5: Sexual Offences Act 2003, Mens Rea

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D breached a duty of care to v. Doctor-patient (doctor needs to save his own patient) Owe a duty of care to a person who may be foreseeably harmed by your actions. Decided by the judge (if you find x facts, then a owed b a duty of care) Assess whether the actions of the person fell below the standards expected of a reasonable person. Where there is exercise of a special skill, whether the person was acting reasonably according to someone with such a skill. Hard to predict what a jury will do. Take into account whether d foresaw the results of his actions. Conflicting cases on whether there was a foreseeable chance of death. Stone and dobinson (risk of health and safety was sufficient) Singh (death must be foreseeable by a reasonable prudent person) Misra claimed that such a wide definition of gross negligence was contrary to the. Hl denied this and affirmed supremacy of adamako.

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