5 Common Laws and cases - failure to act to perform a legal duty

Description

The 5 Common Laws and cases that you will need to know for your Unit 2 exam
Amy Platt
Flashcards by Amy Platt, updated more than 1 year ago
Amy Platt
Created by Amy Platt over 9 years ago
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Resource summary

Question Answer
A duty to act through contract R v Pittwood
A duty to act through one's position R v Dytham
A duty to act through voluntary assumed position R v Stone and Dobinson
A duty to act through a special relationship (parent and child) R v Gibbons and Proctor
A duty to minimise harmful events R v Miller
R v Pittwood 1902, what happened? A railway crossing keeper omitted to shut the gates so that a person crossing the line was struck and killed by a train. The keeper was guilty of manslaughter.
R v Miller 1983, what happened? A squatter accidentally started a fire, once he realised that he had started a fire he went to sleep in another room without making any attempt to put the fire out or summon help. He was guilty of arson.
R v Dytham 1979, what happened? A police officer had nearly finished his shift for the night and he witnessed a violent attack on a victim but took no steps to intervene or summon help because he wanted to go home early and did not want to fill out paper work... The officer was guilty of neglecting his duty.
R v Stone and Dobinson 1977, what happened? Stone invited his elderly sister to come and live with him, she became very ill and was unable to care for herself. The defendants did not contact anyone or seek help for the woman. She later died and the two defendants were guilty of failing to summon help when she became helpless.
R v Gibbons and Proctor 1918, what happened? A child went to live with her father and his mistress who had other kids. The father and mistress did not like the child and decided not to feed her. Her health deteriorated until she died of starvation. Both defendants were found guilty of murder.
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