7 Elements

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define ommisions
a failure to act - uk has no good samaritan law however parliment have imposed legal duties in certain circumstances
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Statutory duty
under road traffic act 1988, D will be liable if he fails to stop at the scene of an accident
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1 common law duty & case
Duty to act under contract. R V Pitwood - failed to close barrier at train crossroads. Had a duty to act in contract, failed to do this
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1 common law duty & case
duty to act after creating dangerous situation. R V Miller - started fire with cig, didn't rectify situation just moved
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1 common law duty & case
Duty to act because of offical position. R V Dytham 0 policeman witnessed a fight but didnt stop it. Victim kiced to death and he was liable
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define causation
D's actions have caused prohibited consequence - factual and legal cause of V's death/injury.
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Factual causation definition
asks whether the defendant was the cause (but for test) R V White - poison in mothers tea didnt cause death as she died of heart attack
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Legal causation definition
Proved that d was the caue in law. significant contribution - defined as more than slight or trifiling in R V Kimsey
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Chain of causation defintion
chan linking d's actions to the end result. Break in chain must be something so significant that the D's actions become irrelevant.
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Mens Rea Definition
Guilty mind. Must have this along with actus reus. 2 types - direct and indeirect
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Define direct intention
obvious that the d intended outcome. in mohan it was held 'a decision by the D to bring about concequence'
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Define indirect intention
not clear that that the d intended outcome. In Hancock V Shankland D's claimed that they threw slab to stop miner getting to work. Found no tguilty of murder as intentions were unclear
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Intention test
Was death or serious injury virtually certain? Did the D realise this?
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define subjective recklessness
D sees unjustified risk and takes it anyway. D must see risk, if not he is not reckless
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define transferred malice
intention for intended v is transferred to actual v
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coincidence rule defintion
when the actus reus and the mens rea dont coincide
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continuing actus reus theory
r v fargan D parked car on police officers foot, refused to move when when he realised. Court held that even though the actus reus and the mens rea happened separately, actus reus is a continuing act and therefore they coincide
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continuing mens rea theory
R V Church D attacked v when she laughed at him. D believed v was dead, disposed of her in river. V drowned, court held that mens rea and actus reus coincide
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Strict Liability defintion
no mens rea, just act alone is enough for d to be liable
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Other cards in this set

Card 2

Front

Statutory duty

Back

under road traffic act 1988, D will be liable if he fails to stop at the scene of an accident

Card 3

Front

1 common law duty & case

Back

Preview of the front of card 3

Card 4

Front

1 common law duty & case

Back

Preview of the front of card 4

Card 5

Front

1 common law duty & case

Back

Preview of the front of card 5
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