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Flashcards in Omissions/ Acts Deck (9)
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1

DUTY ARISING FROM SPECIFIC RELATIONSHIPS

Gibbons v proctor

Mother and father starved child causing death. Convicted of murder. As they were both under a duty through specific relationships to protect their child

2

DUTY ARISING FROM CONTRACTUAL OBLIGATIONS

R v Pitt wood

His job was to operate railway barrier, he failed to close the gate as he fell asleep and people were killed. His duty was breached.

3

VOLUNTARY ASSUMPTION OF DUTY

Stone and dobinson

They lived with their mentally ill sister and failed to summon her with medical attention she needed. She died, they had a responsibility by taking her in

4

DUTY ARISING FROM PUBLIC OFFICE

R v dytham

PC dytham watched a man being kicked to death and done nothing about it. Court held as a police officer he had s duty arising from public office to help

5

DUTY ARISING FROM DANGEROUS SITUATION

r v Miller

Miller smoked in a bed in the premises he was occupying, he fell asleep and he woke up realising his cigarette started a small fire he left it and went into another room. He owed a duty due to dangerous conduct

6

DUTY ARISING FROM DANGEROUS SITUATION

Santana Bermudez

A policeman searched D who claimed he had nothing in his possession the officer was stabbed from needle in his pocket. Wasn’t convicted but did owe a duty from dangerous conduct

7

DUTY ARISING FROM CONTRACTUAL OBLIGATIONS

R v adomako

appellant was an anaesthetist I charge of eye surgery of a patient. During the operation the oxygen pipe disconnected patient died he didn’t notice for 6 mins despite obvious signs. Convicted of gross negligence manslaughter

8

DUTY ARISING FROM JOINT ENTERPRISE

R v Wacker

Killed 58 people by bringing them in to country illegally as they suffocated in the back of van due to lack of oxygen. Was discovered you owe a duty of care to anyone you involve in criminal activity

9

DUTY ARISING FROM JOINT ENTERPRISE

R V willoughby

Man set fire to his pub for insurance, ther was an explosion during and killed his friend. Followed wacker so owed a duty of care to all those he involved in criminal activity