Omissions Flashcards
When does a duty to act arise?
(1) special relationship
(2) assumption of responsibility
(3) contractual duty
(4) statutory duty
(5) creation of a dangerous situation
What does a special relationship entail and what are the common categories?
Dependence, reliance and responsibility
E.g. Parent/child, husband/wife, doctor/patient
In which case was a parent liable for manslaughter for failing to call a doctor for child on religious grounds because they had a special relationship?
Downes (1875)
In which case was the mother held liable for failure to act when daughter died from heroin overdose? Did the half-sister owe a a duty under special relationship?
Evans [2009]
No.
When does an assumption of responsibility normally occur?
When individuals who have started to provide assistance and then cease to do so.
In which case about the anorexic sister were the Ds held liable for manslaughter as failed to do enough to get help for her (call doctor)?
Stone v Dobinson [1977]
In which case about drug overdosing, was the occupier of the house, J, did not have assumption of responsibility as made desultory attempts to revive V, but their friend that stayed with V during night and only called ambulance in morning was liable for manslaughter?
Sinclair [1998]
In which drug case was a guest of the house held to assumed responsibility as tried to revive V?
Ruffell [2003]
In which case, was the half-sister of V not held to assumed responsibility even when put her in recovery position and took turns checking?
Evans [2009]
Which case demonstrates that a contractual duty will give liability to a failure to act? Facts?
Pittwood [1902]
D a railway gatekeeper who failed to close gates for road users and V killed by train. Contractual obligation extends to those reasonably effected by the omission not just other party to the contract
What case is the main authority for liability for failure to act when create a dangerous situation? Facts?
Miller [1983]
D squatting in house, asleep and lit cigarette caused mattress to smoulder. Woke up and just moved to different room.
In which case was D held to have created a dangerous situation when he failed to tell a police officer that had hypodermic needles on him and knew going to search him?
Santana-Bermudez [2004]
In which drug supply case was the half-sister held to have created a dangerous situation by supplying heroin? What is the principle of the duty?
Evans [2009]
Duty to act arises once realised or should have realised that created a dangerous situation.
In which case was it held that D has to do what is reasonable in the circumstances to not breach duty to act?
Nutall [1999]
