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R v Wacker [2003]


  • A lorry driver, driving 60 illegal immigrants into the UK, closed a vent which allowed oxygen into the lorry’s storage area to pass safely through border control
  • He omitted to open the vent after passing through, resulting in the death of 58 of the immigrants



  • Yes


  • A duty could be imposed not just on the basis of tort, but also on the grounds of public policy
  • This duty was breached dangerously and resulted in death
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