LAw 03 NFO GNM

Adomako - Sets out the requirements of GNM 

Misra - States a risk of death is needed, not just harm 

Donoghue v Stevenson - Sets out neighbour principle 

Adomako - Demonstrates how a duty can exists between a doctor and patient 

Dalloway - Duty between road user and pedestrain 

Gibbins and Proctor and Evans - Duty exsit due to relationship 

Singh - Duty to maintain propety 

Litchfeild and Pitwood - Example of a contractual duty 

Stone and Dobinsion - Duty voluntarily undertaking care 

Khan and Khan - Duty to summon medical care 

Dias - Duty to not supply drugs 

Wacker - Public interest to be taken into consideration even if activty was illegal (Willoughby confirmed) 

Evans - Duty can exist D has created a state of affairs which is life threatening 

Willoughby - Decided it was for the jury to decide if there was a duty of care once the judge has decided there is evidence to establish cases demonstated at duty 

If there is not established duty then use:

Caparo v Dickman - Can be used to show duty of care by a three part test:

1) Hayley v LEB - To demonstate resonable foreseeability 

2) Watson v BBBC - To demonstate proximate relationship 

3) Kent v Griffiths and Hill v WYPC - To demonstrate wether it is fair just and reasonable to establish a duty of care 

Birmingham v Blyth Waterworks - Sets out the principle of the reasonable man 

Nettleship v Weston - (Learner driver measured against experieced driver) 

Bolam v Friern HMC - (Specialist held to other specialists standrds) 

Wells v Cooper - (An amateur held to reasonable competent amateur standard) 

Mullins v Richards - (Child compare to ther reasonable poeple of the same age) 

Size of risk can be taken into acount as a factor 

Bolton v Stone - Seriousness of injury such as losing a remaining eye 

Paris v Stepney BC - Practicality of precautions such as sawdust 

Latimer v Hertfordshire CC - The foreseeability of the harm eg. in Roe v Minister of Health (glass) 

For the jury to decide: 

Misra - Court of Appeal stated that the Q's was wether the D's behaviour was grossly negligent (criminal) Jury will refer to the risk of the death earlier 

Bateman - Set the test 'such disregard for the life an safety of others as to amount to a crime'

Misra - Makes it clear that the negligence must be the substantial cause of death