CrimminalLawOverview

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  • Created by: Phoebe
  • Created on: 18-12-13 10:41

Omissions

  • Failure to act- Law only makes person liable where has duty to act. Arise number ways:
  • Person’s contract- Pitwood- Convicted as failed carry out duty to shut gate; as part of contract of employment.
  • Person’s public position- Dytham- Convicted as he neglected his duty to act to protect V.
  • Act of Parliament- seat belt
  • Fails to minimise harmful consequence of act- Miller- Duty to minimise harmful effects of fire.
  • Person voluntarily takes on a duty- Stone and Dobinson- Allowing her to stay they took on a duty of care. 
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