Omission Flashcards
Dangerous Dogs Act 1991
An Act to prohibit persons from having in their possession or custody dogs belonging to types bred for fighting; to impose restrictions in respect of such dogs.
Statutory duty
R v Pittwood 1902
A man employed by the railway did not shut a gate, causing the death of the train driver.
Contractual duty
R v Miller 1983
The defendant had been smoking a cigarette before he fell asleep. Upon waking he discovered a small fire but he proceeded to ignore it and sleep in another room. As the defendant caused a dangerous situation and did not call the fire brigade or otherwise act to remedy the situation, he was found liable.
Dangerous situation - unremedied by responsible party (duty imposed as law)
R v Stone and Dobinson 1977
A couple took the care of a relative with anorexia nervosa and failed to look after her a provide the care needed, which related in the woman’s death.
Assumption of responsibility (duty imposed as law)
R v Dytham 1979
A police officer stands by as a bouncer kicks a man to death.
Misconduct in a public office (duty imposed as law)
R v Gibbons and Proctor 1918
A child is starved to death by his parents. Special relationship (duty imposed as law)
Airedale NHS Trust v Bland 1993
Doctors sought the court’s approval to terminate feeding a man who had been in a vegetative state for three years with no chance of recovery. As the treatment (feeding) would not cure the man, the court ruled in favour of ending the artificial feeding. Medical omission (not liable)