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Farwell v Keaton [1976, New Zealand]

Facts

  • Farwell and Keaton had been drinking and got into voilent trouble, the former being severely beaten
  • Keaton drove Farwell to his grandparents house, leaving him asleep in the car
  • Due to a lack of medical attention, Farwell died 3 days’ later

Issue

  • Was Keaton responsible for the death of Farwell

Decision

  • Yes, liability allowed

Reasoning

  • Where responsibility is assumed, liability is allowed for making a situation worse, there is an obligation for one to assist the other when both are in a common undertaking
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