Cases Flashcards
Name all types of duty
Contractual
Relationship
Assuming responsibility voluntarily
Public office
Creating a dangerous situation
Name the case for contractual duty
Pitwood(1902)
Describe the pitwood case
Defendant worked for the rail way and a man was killed on the railway because defendant did not close the gate
What did the defendant fail to do in pitwood
Close the gate
Why did the defendant have a duty to do in pitwood
They are the railway keeper so it is their responsibility to do their job and close the gate
Which case is linked with relationship duty
Gibbins+protector(1918)
Describe what happened in gibbins+protector
Father and his partner killed his child by starving her
What did defendant fail to do in gibbins+protector
Feed their child
Why did the defendant have the duty to act in gibbins
They are legal guardian so they have to protect the child
Which case links with assuming responsibility voluntarily duty
Stone+Dobinson(1977)
Describe stone+dobinson
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
What did the defendant in stone+dobinson fail to do
Take her of elderly sister
Why did defendant have the duty to act in stone+dobsinsin
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
What is the case linked with public office duty
Dytham(1979)
Describe what happened in Dytham
A police officer watched a fight break out and a man died