Hi this is the situation I've been given so far I've managed to get a few basic points but it's a 55 mark question so I sure there's lot more points i can make, Can help me? thanks
Noah, Matt and Josh all work together for a canal boat company. When they are away for a river trip, they all share a cabin together. Although usually they consider themselves to be good friends, under the pressure of confined conditions, they sometimes find that tensions arise between them.
Josh also suffers from alcoholic psychosis due to excessive drinking. (may not be liable due to condition)
One night,soon after the boat has been moored at the river bank, the three of them returned to their cabin, Josh climbs into his bunk and falls asleep. As soon as he does this, Matt decides it would be funny to pull the bedclothes off him and pretend that the boat is sinking.Josh wakes up with a start and to find Noah and Matt shouting and joking and Noah smoking one of Josh’s cigarettes which he (Josh) had placed in the bedside cabinet next to his bunk. Josh loses his temper, jumps out of bed and picks up a bottle of whiskey which is on an adjacent table.
He then runs after Noah and Matt who promptly leave the boat onto the river side through the boat’s main hold, shouting at them as he does so.Noah, who is deaf and has removed his hearing aid for the night, runs into the busy road adjacent to the river bank and is hit by a motorbike which is proceeding along the road.He is taken to hospital by a passing motorist.At the Accident and Emergency department of the local hospital, Noah begins to haemorrhage and the triage doctor asks for Noah’s consent for a blood transfusion. Noah refuses due to his religious beliefs. (R v Blaue (1975) case Josh may still be liable) As a result, some hours later, Noah dies due to a severe blood loss.
As Matt runs away, he stumbles over the undone laces of his trainers and he falls, badly cutting his head and face on loose gravel on the road. (may not be Josh's fault however it could be manslaughter as there is a chain of events)Matt seeks medical attention for the wounds caused by the gravel. After a couple of days, the doctors identify that the wounds are not healing well. Accordingly, he (Matt) is prescribe antibiotics. Unfortunately, Matt is allergic to these and he dies of anallergic reaction.(chain of causation changes due to doctors, doctors now liable) R v Bateman
Advise as to Josh’s liability for the deaths of Matt and Noah (55 marks)
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Last edited by polo321; 12-11-2015 at 12:33.
- 12-11-2015 12:29