Cases Flashcards

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1
Q

Name all types of duty

A

Contractual
Relationship
Assuming responsibility voluntarily
Public office
Creating a dangerous situation

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2
Q

Name the case for contractual duty

A

Pitwood(1902)

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3
Q

Describe the pitwood case

A

Defendant worked for the rail way and a man was killed on the railway because defendant did not close the gate

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4
Q

What did the defendant fail to do in pitwood

A

Close the gate

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5
Q

Why did the defendant have a duty to do in pitwood

A

They are the railway keeper so it is their responsibility to do their job and close the gate

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6
Q

Which case is linked with relationship duty

A

Gibbins+protector(1918)

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7
Q

Describe what happened in gibbins+protector

A

Father and his partner killed his child by starving her

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8
Q

What did defendant fail to do in gibbins+protector

A

Feed their child

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9
Q

Why did the defendant have the duty to act in gibbins

A

They are legal guardian so they have to protect the child

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10
Q

Which case links with assuming responsibility voluntarily duty

A

Stone+Dobinson(1977)

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11
Q

Describe stone+dobinson

A

Defendant and his girlfriend chose to take care of his elderly sister instead of sending her to a home
The sister ended up dying of poor treatment

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12
Q

What did the defendant in stone+dobinson fail to do

A

Take her of elderly sister

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13
Q

Why did defendant have the duty to act in stone+dobsinsin

A

She came to live with them as she couldn’t take care of herself and they allowed her to stay meaning they are responsible to take care of her

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14
Q

What is the case linked with public office duty

A

Dytham(1979)

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15
Q

Describe what happened in Dytham

A

A police officer watched a fight break out and a man died

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16
Q

What did the defendant fail to do in Dytham

A

Stop the violent attack

17
Q

Why did the defendant have the job to act in Dytham

A

It’s their job as police officers to protect civilians

18
Q

Which case is linked with creating a dangerous duty

A

Miller(1983)

19
Q

Describe what happened in Miller

A

A man dropped a lit cigarette and started a fire
He woke up and moved to a different room
The house burnt down

20
Q

What did the defendant fail to do in Miller

A

Put out the fire