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Lecture notes study book Tort Law Directions of Carol Brennan, Vera Bermingham - ISBN: 9780198853923, Edition: 7th Revised edition, Year of publication: - (work)

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  • April 2, 2021
  • 3
  • 2020/2021
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Workshop 10: Involuntary Manslaughter (CM & GNM) Help chart


Monica

Monica, who was the safety officer at One-top University, was in dispute with the university’s management over what she believed
were inadequate fire precautions in the university’s buildings. To make her point, Monica decided to test the adequacy of the fire
exits in the main lecture theatre.

One morning, while the lecture theatre was full of students attending a criminal law lecture, Monica set fire to some rubbish in a bin
outside the lecture theatre and then plunged the lecture theatre into darkness by deliberately fusing the lighting system. In the
ensuing panic and confusion as the students fought to get out of the exit doors, one law student, Clinton, was trampled to death.

Explain to Monica why she might be liable for the death of Clinton under the principles of Constructive Manslaughter and
Gross Negligence Manslaughter.

Constructive Manslaughter Table
Tests Constructive Relevant legal principle & authorities Application to the scenario.
Manslaughter
• Franklyn- Criminal wrong and not a tort. • Set fire to bin- arson
There must be an • Andrews v DPP- act has to be unlawful itself. • Fusing lights- criminal
unlawful act • Lamb- AR + MR of the base offence must be present. damage
(base crime). • Goodfellow- Doesn't have to be crime against person;
it can be property also.

• Lowe- conduct has to be an act not omission • Setting fire
Must be an act not an • Fusing lights
omission. • Positive act, not
omission
• Church (1966)- Test: “An act is dangerous if a
The unlawful act must be reasonable and sober person would foresee a risk of
dangerous. some harm, albeit not serious harm.”
• Dawson- Reasonable person will have same
knowledge as D.

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