Omissions Flashcards
Contract
Pitwood (Railway crossing keeper failed to close a level crossing gate resulting in the death of a wagon driver). If you don’t do what is in your contract and someone is harmed you are guilty of causing the harm.
Professional duty
Dytham (Police officer refused to respond to bouncer kicking man to death). If you don’t do what is in your professional duty and someone is harmed you are guilty of causing the harm.
Voluntary care
Stone and Dobinson (Failure to give person they were caring for necessary medical help, resulting in their death). If you volunteer to care for someone you are liable for any failure to take good care if they are harmed.
Create a dangerous situation
Miller (D Started fire by lit cigarette whilst sleeping. Failure to attempt to distinguish fire after realising resulting in property damage). If you create a dangerous situation you are liable for any failure to stop the situation you have created.
Relationship
Gibbins and Proctor (D deprived child of food and allowed to starve to death). Parents will be guilty for failure to care for their harmed children.
Statute
Road Traffic 1988. Failure to report an accident is an omission.
Which omission is Pitwood?
Contract
Which omission is Dytham?
Professional duty
Which omission is Stone and Dobinson?
Voluntary care
Which omission is Miller?
Creation of a dangerous situation
Which omission is Gibbins and Proctor?
Relationship
Which omission is Road Traffic 1988?
Statute