The Student Room Group
Uni students - Complete our survey >>
Uni students - Complete our survey >>
Uni students - Complete our survey >>

omission related question

John, who does not like doctors but instead believes in the power of prayer and natural healing, goes to stay with his friend Luke. Luke is not very clean and always forgets to throw old food away. John eats a piece of cooked meat which he finds in the kitchen, not realizing it has gone moldy. He contracts food poisoning and begins to feel very ill. Luke wishes to call a doctor but John refuses to allow it. Eventually, John falls into a coma. Luke waits for a day hoping John will wake up but he does not. Eventually Luke calls for an ambulance but it is too late. John dies on the way to hospital. Luke has been charged with manslaughter.(1)What factors will the court take into account when determining whether Luke was under a duty to act? (2)If it was decided that he was under a duty to act, what factors would the court take into account in determining whether or not he was in breach of that duty?please help me with this question. idk what case laws to apply and infact idek how to answer this problem question.
Reply 1
Avatar for RV3112
RV3112
15
Original post by NK_2017
John, who does not like doctors but instead believes in the power of prayer and natural healing, goes to stay with his friend Luke. Luke is not very clean and always forgets to throw old food away. John eats a piece of cooked meat which he finds in the kitchen, not realizing it has gone moldy. He contracts food poisoning and begins to feel very ill. Luke wishes to call a doctor but John refuses to allow it. Eventually, John falls into a coma. Luke waits for a day hoping John will wake up but he does not. Eventually Luke calls for an ambulance but it is too late. John dies on the way to hospital. Luke has been charged with manslaughter.(1)What factors will the court take into account when determining whether Luke was under a duty to act? (2)If it was decided that he was under a duty to act, what factors would the court take into account in determining whether or not he was in breach of that duty?please help me with this question. idk what case laws to apply and infact idek how to answer this problem question.

Any basic criminal law textbook deals with topic of omissions and the various duties to act. It's not a particularly complicated area of law, so you will need to ask more specific questions so we can better understand what part is causing you trouble.
Reply 2
Avatar for NK_2017
NK_2017
OP
6
Our teacher asked to use IRAC method I know what the issues are but I cannot find the proper case laws to apply in my answers...
1. That Luke knew that john had food poisoning and failed to call the ambulance which led john to in a coma.2. He was going to call the ambulance but he didn't. Which put John in a more dangerous place and that is Omission to Act so he is able to be found liable. Also Luke shouldn't has listen to John because he is sick and too unwell to make decision that affect his life.
Reply 4
Avatar for RV3112
RV3112
15
Original post by NK_2017
Our teacher asked to use IRAC method I know what the issues are but I cannot find the proper case laws to apply in my answers...

The first question is requiring you to consider if Luke was under a duty. For the Rule stage, you simply need to explain the various categories where the law imposes a duty to act, which are statute, contract, familial relationship, assumption of duty, and creation of danger. Textbooks tend to have separate sections for each area which list the relevant case law. Then for the Application stage, you need to apply this law to Luke. Several of these categories are clearly not applicable to Luke, but an argument could be made for latter two. Look at the case law in this area, in particular consider Instan, Stone & Dobinson, Miller, Evans to determine if a duty did exist.

The second question is then asking to consider if that duty was breached. For the Rule stage, outline the factors which are taken into account. In particular, note that a duty only obliges reasonable steps to be taken. In particular, consider Stone & Dobinson and Instan. Apply these principles to Luke's case.

Quick Reply

Related discussions

Latest

Trending

Trending

Articles for you