Law Module 2

Tort and Criminal Law for Module 2 in Law.

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  • Created by: Sophie
  • Created on: 18-05-11 14:04

 

 

 

Duty

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 Reasonably Foreseeable: Donague v Stevenson (Injury) Smith v Littlewoods (Property)

Proximity: Page v Smith (Primary) Alcock (Secondary)

Fair, Just and Reasonable: Caparo

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Breach

 

 

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Reasonable Precautions: Bolton v Stone

Reasonable Precautions Within Their Resources: Paris

Reasonable Competence: Nettleship v Weston

Professional Competence: Bolam

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Damage

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'But for' Test: Barnett

Reasonably Foreseeable Consequence: Wagon Mound

Remoteness: Treiman v Pike

Break in the Chain of Causation: Jordan

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Strict Liability

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Definition: The actus reus of a crime is required. Mens rea has no relevance.

Statutory Examples: Road Traffic Act - failing to stop at a red light, failing to wear a seat belt, failing to report a dog that was been hit.

Case Examples: Cundy - Licensing Act - sold alcohol to a drunk.

                          Bradish - caught carrying a canister of CS gas.

                           Prince -  Took underage girl away from parents, said she was 18.

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Actus Reus

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Definition: The guilty act of a crime.

The three types are:

Positive Act - the physical element of a crime ie. stabbing/shooting someone.

Omission - the failure to act. Dytham

State of Affairs - Larsener, Aliens Order Act

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Mens Rea

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Definition: The state of mind of the defendant.

The three types are:

Direct Intention - Deliberately harming someone.

Oblique Intention- Should have foresaw the injury, Nederick. Intended the act but not the consequences. Virtually certain, Woolin.

Recklessness - Know the risk and run it, Cunningham.

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Contemporaneity Rule

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Definition: The mens rea and actus reus must occur at the same time.

Exceptions to this rule are:

Thabo Meli - Beaten at the top of a cliff, thrown off it believing he was dead. He later died of exposure. Mens rea was present at the top of the cliff, actus reus occured at the bottom.

Fagan - Accidently stopped his car on a policemans foot. When asked to move he didn't. The actus reus happened when he stoppped on the PC's foot, the mens rea occured when he refused to move it.

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Transferred Malice

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Definition: Where the mens rea of a crime, directed at one preson, is transferred to an unintended victim.

Examples:

Mitchell - Queue in a post office, the defendant pushed an old man who fell into an old lady who later died.

Latimer: Man swung his belt to hit someone in front pf him, but hit the person behind.

Can only be transferred for the same crime.

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Criminal Omission

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Definition: Failure to act.

Statutory Example:

Road Traffic Act - failing to stop at a red light, wearing a seatbelt etc.

Case Examples:

Stone v Dobson - failed to look after an elderly relative.

Dytham - Policeman failed to stop a man from being beaten up.

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Criminal Causation

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There are two types: 

 Causation-in-fact: Uses the 'but for' test, Pagget. He used his girlfriend as a human shield whilst shooting at police. The police shot back, killing his girlfriend. 'But for' his actions, she would not have died.

Causation-in-law: 'Operating and substantial cause', Smith. He was shot, but whilst being taken to hospital he was dropped. The fall from being dropped was the 'operating and substantial cause' of his death. 'Palpably wrong', Jordan. A surgeon left a swab inside of him. He was meant to make a full recovery but he died from an infection from the swab.

Novus actus interviniens - a new act intervenes.

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Section 47

Actual Bodily Harm

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