Deck 2: Actus Reus

Question 1

Peggy fails to feed her 3 year old daughter, Lisa. Lisa dies due to starvation. Under which of the following categories of duty is liability most likely to be imposed upon Peggy for her failure to act?

A) Contractual duty and statutory duty
B) Public duty and special relationship
C) Danger to avert danger created and contractual duty
D) Special relationship and statutory duty

Answer 1

D

Question 2

Richard moves in with his elderly aunt to look after her when she falls ill. She provides him with money to do the weekly shopping. However, Richard spends the money on a new TV and fails to call for medical assistance when his elderly aunt falls ill. As a result, she dies. Under which of the following categories might the law impose a duty on Richard to act?

A) Voluntary assumption of responsibility
B) Special relationship
C) Statutory duty
D) Contractual duty

Answer 2

A

Question 3

Samantha is stopped by a police officer who wishes to carry out a lawful search of her. The police officer asks Samantha if she is carrying any needles. Samantha states that she is not. The police officer searches Samantha and is stabbed by a hypodermic needle. Under which of the following categories of duty is liability most likely to be imposed upon Samantha for her failure to act?

A) Special relationship
B) Duty to avert danger created
C) Voluntary assumption of responsibility
D) Public duty

Answer 3

B

Question 4

Mohammed, a zoo keeper in charge of the lions' den, leaves the door to the lions' den unlocked after feeding time. A lion escapes and attacks a visitor to the zoo. Under which of the following categories of duty is liability most likely to be imposed upon Mohammed for his failure to act?

A) Special relationship
B) Voluntary assumption of responsibility
C) Statutory duty
D) Contractual duty

Question 5

Which of the following cases is authority for the principle that a "free, deliberate and informed" act of a third party will break the chain of causation?

A) Cheshire (1991)
B) White (1910)
C) Pagett (1963)
D) Roberts (1971)

Question 6

Which of the following cases is an authority on the "thin skull rule"?

A) Smith (1959)
B) Blaue (1975)
C) Kennedy (No. 2) (2007)
D) Jordan (1956)

Question 7

Bill is attacked by Kevin during a fight. Bill sustains a stab wound to the chest and is taken to hospital where a doctor misdiagnoses the severity of Bill's injuries and fails to treat him properly. Kevin is charged with inflicting GBH. Which of the following authorities is NOT likely to be applied in respect of whether the doctor's negligent treatment will break the chain of causation?

A) Jordan (1956)
B) Smith (1959)
C) Malcherek and Steel (1981)
D) Cheshire (1991)

Question 8

Which of the following will always break the chain of causation?

A) Negligent medical treatment
B) A reasonably foreseeable escape
C) A free and informed act by the victim
D) An unforeseeable physical condition of the defendant