Omissions

Question 1

1: Duty arising from contract

Answer 1

failure to perform a contractual obligation endangers life
R v Pitwood

Question 2

R v Pitwood

Answer 2

Left railway gate open, haycart was struck and killed, gatekeeper convicted of manslaughter

Question 3

2: Duty arising from statute

Answer 3

An Act of Parliament can make it an offence to fail to act in some circumstances:
children and young persons act 1933 - failure to provide medical care
road traffic act 1988 - failure to wear a seatbelt.

Question 4

3: Duty arising from conduct

Answer 4

Where someone create a dangerous situation they may be under a duty to take reasonable steps to prevent or minimise the harmful consequences
R v Miller

Question 5

R v Miller

Answer 5

D squatting in building, fell asleep with lit cigarette, mattress on fire - moved mattress into different room - convicted arson

Question 6

4: Voluntary assumption of a duty

Answer 6

Someone voluntarily takes responsibility for another person
R v Stone and Dobinson

Question 7

R v Stone and Dobinson

Answer 7

Lived together, low IQ, deaf + blind - S + D knew woman was neglecting herself - did nothing to help, she died and convicted of manslaughter

Question 8

5: Public Duty

Answer 8

person in a public office may be under a duty of care for others
eg: social workers
R v Dytham

Question 9

R v Dytham

Answer 9

Police officer guilty, failed to protect citizen kicked to death