Question 1

What three elements must be present to prove Gross Negligence?

Accepted Answer

Duty of care, Breach of Duty and Gross Negligent conduct

Answer

Conduct must be negligent

Answer

An Omission is not enough

Question 2

Where does the concept of a duty of care originate from?

Accepted Answer

Donoghue v Stevenson

Answer

R v Wood

Answer

Stone v Dobinson

Answer

Caparo v Dickman

Question 3

What case was Gross Negligence Manslaughter originally set out in?

Accepted Answer

R v Bateman

Answer

Stone v Dobinson

Answer

R v Lawrence

Answer

Andrews v DPP

Question 4

What is the correct definition for the Neighbour Principle?

Accepted Answer

One must take reasonable care to prevent acts or omissions which could be reasonably foreseen as likely to harm ones neighbour.

Answer

Must take extra care to ensure acts or omissions which will result in serious injury to a neighbour are prevented.

Answer

One must be considerate of others in every aspect of life to avoid harming or injuring others.

Answer

Taking reasonable care to prevent accidents in society

Question 5

Which of the following is not a type of duty?

Accepted Answer

To protect others from criminal violence

Answer

Neighbour Principle

Answer

Contractual Duty

Answer

Voluntarily Assumed

Question 6

What happened in R v Adomako?

Accepted Answer

An anaesthetist in charge of a patient during an operation failed to notice an oxygen tube became disconnected and the patient died.

Answer

A gynaecologist used forceps to remove a baby from the womb, causing deformities in the babies skull.

Answer

A doctor failed to check up on a patient following an operation, resulting in the spread of infection and near death.

Question 7

Which case illustrates that criminal activities can still produce a duty of care?

Accepted Answer

R v Wacker

Answer

R v Singh

Answer

R v Lawrence

Answer

Donoghue v Stevenson

Question 8

Is there an actual reus and mens rea for Gross Negligence Manslaughter?

Accepted Answer

No

Answer

Yes

Question 9

Why must the breach of duty be gross?

Accepted Answer

It has to be gross because Gross Negligence Manslaughter is a criminal offence.

Answer

To provide a defence to murder.

Answer

To make sentencing more straight forward.

Question 10

What case tells us that risk must relate to death and that risk of bodily injury or injury to health is not enough?

Accepted Answer

Misra & Srivastava

Answer

R v Evans

Answer

R v Willoughby

Answer

R v Bateman

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