The Mudcat Café TM
Thread #142581 Message #3289002
Posted By: McGrath of Harlow
11-Jan-12 - 07:13 PM
Thread Name: BS: Saw a man drowning- and stole his bike
Subject: RE: BS: Saw a man drowning- and stole his bike
I'd have thought there'd be a good case for saying the thief was guilty of a failure of duty to care:
The leading judicial test for a duty of care in the United Kingdom was found in the judgments of Caparo Industries plc v Dickman,[1] in which the House of Lords set out the following three-part test:
Harm must be a "reasonably foreseeable" result of the defendant's conduct;
A relationship of "proximity" between the defendant and the claimant;
It must be "fair, just and reasonable" to impose liability.
(That comes from a Wikipedia article, which I believe is accurate enough.)
That was the only charge they allowed the police to be tried on after Jean Paul Menenzes was butchered on a London Tube train. And convicted.