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Gross Negligence

Quiz by Kane O'Neill

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10 questions
Show answers
  • Q1
    What three elements must be present to prove Gross Negligence?
    Duty of care, Breach of Duty and Gross Negligent conduct
    Conduct must be negligent
    An Omission is not enough
    30s
  • Q2
    Where does the concept of a duty of care originate from?
    Donoghue v Stevenson
    R v Wood
    Stone v Dobinson
    Caparo v Dickman
    30s
  • Q3
    What case was Gross Negligence Manslaughter originally set out in?
    Stone v Dobinson
    R v Lawrence
    R v Bateman
    Andrews v DPP
    30s
  • Q4
    What is the correct definition for the Neighbour Principle?
    Must take extra care to ensure acts or omissions which will result in serious injury to a neighbour are prevented.
    One must be considerate of others in every aspect of life to avoid harming or injuring others.
    One must take reasonable care to prevent acts or omissions which could be reasonably foreseen as likely to harm ones neighbour.
    Taking reasonable care to prevent accidents in society
    30s
  • Q5
    Which of the following is not a type of duty?
    Neighbour Principle
    Contractual Duty
    Voluntarily Assumed
    To protect others from criminal violence
    30s
  • Q6
    What happened in R v Adomako?
    An anaesthetist in charge of a patient during an operation failed to notice an oxygen tube became disconnected and the patient died.
    A gynaecologist used forceps to remove a baby from the womb, causing deformities in the babies skull.
    A doctor failed to check up on a patient following an operation, resulting in the spread of infection and near death.
    30s
  • Q7
    Which case illustrates that criminal activities can still produce a duty of care?
    R v Wacker
    R v Singh
    R v Lawrence
    Donoghue v Stevenson
    30s
  • Q8
    Is there an actual reus and mens rea for Gross Negligence Manslaughter?
    Yes
    No
    30s
  • Q9
    Why must the breach of duty be gross?
    To provide a defence to murder.
    It has to be gross because Gross Negligence Manslaughter is a criminal offence.
    To make sentencing more straight forward.
    30s
  • Q10
    What case tells us that risk must relate to death and that risk of bodily injury or injury to health is not enough?
    R v Evans
    R v Willoughby
    Misra & Srivastava
    R v Bateman
    30s

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