law for tomorrow

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5 Terms

1
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Woolin

Legal test for oblique intent. Is it virtually certain / foreseeable that this would cause harm? Woolin threw a choking baby.

2
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Cunningham

Subjective recklessness. Smashes gas meter whilst trying to steal money - caused a gas leak. Subjective test as he could foresee the risk of harm.

3
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Benge

There can be multiple causes and the defendant can still be liable if they were the substantial cause. Railway workers misread the timetable which led to the train crashing into some people. Defendant still held liable if their actions were the substantial and operating cause .

4
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Miller

A duty arises to act when the defendant creates a dangerous situation. Held liable for omission. Started fire whilst asleep then awoken and didn't attempt to put the fire out.

5
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Pagett

A defendant can still be held liable egven if it was caused by a third party. Pregnant girlfriend used as a human shield during a police shootout. Legal causation and foreseeable intervention.