Omissions: Types of duty

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  • Omissions: Duty Types
    • Statutory Duty
      • This is where the duty is outlined in an Act of Parliament
      • R v Lowe
        • This is where Lowe's duty was outlined in the Children & Young Person's Act, and neglected his child.
    • Contractual Duty
      • This is where the duty was outlined in a job contract
      • R v Pittwood
        • This is where the D's duty to shut the gates on a train line was outlined in his employment contract.
    • Public Duty
      • This is where it was their duty through one's official person
      • R v Dytham
        • This is where a police officer witnessed a violent attack but took no steps or actions to summon help  or intervene.
    • Relationship Duty
      • This is a duty was of a relationship- parent to child
      • R v Gibbins
        • This is where the D failed to complete his duty as a parent, because him and his mistress failed to feed his child, who died of starvation.
    • Voluntary Duty
      • This is a duty that has been taken voluntary
      • R v Stone & Dobinson
        • This is where the Ds volunteered to care for their elderly sister who was unable to look after herself. They failed to care for her and she died as a result
    • Dangerous Situation Duty
      • This is a duty which arises as a result of the chain of events set by the D
      • R v Miller
        • This is where the D set a mattress on fire by a cigarette and took no attempt to put the fire out. Therefore he was guilty of arson.


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