omission related questionWatch
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.
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 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.