It is a failure to do something - Some countries have a good Samaritan law that means in a time of emergency, a citizen MUST act.
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What is the general rule regarding omissions?
You cannot be found guilty for failing to do something.
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Duty because of a special relationship?
Gibbons & Proctor - D locked up his daughter and neglected to feed her...He had a duty of care to his daughter that he failed to fulfil.
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Duty because of a contract?
Pittwood - Failed to close gateway to a railway line and driver was killed...Duty of care because of his contract
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Duty because of a contract?
Adamako - Failed to notice breathing tube had become disconnected and the patient died...Duty of car because of a contract
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Duty that has been voluntarily accepted?
Stone & Dobinson - Took in Fanny to look after her and she died while in their care...Duty of care that had been voluntarily accepted
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Duty because of an official position?
Dytham - Police officer that walked away form a fight and clocked off...Duty of care because of the official position as an officer
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Dangerous situation?
Miller - set fire to a mattress and simply moved rooms...Convicted of arson as he was under a duty to remedy the dangerous situation he had created
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Dangerous situation?
Bermudez - Failed to tell police officer about the needle in pocket...Convicted of ABH as he was under a duty to tell the officer about the dangerous situation
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Dangerous situation?
Evans - When a person has created a situation which he knows has become life threatening, a consequent duty on him to act by taking reasonble steps to save the others life will normally arise
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Unlawful/Lawful omission?
Bland - The court decided that the withdrawal of treatment (the omission) would be lawful in this situation
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S.170 Road Traffic Act 1988
States that it is an offence for a driver involved in a road traffic accident to fail to report an accident to the police
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S.6 Road Ttraffic Act 1988
States that it is an oiffence to fail to provide a specimen of breath when asked to do so by a police officer
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S.1 Children and Young Persons Act 1933
States that a parent or guardian can be prosecuted for a failure to look after their child
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Other cards in this set
Card 2
Front
You cannot be found guilty for failing to do something.
Back
What is the general rule regarding omissions?
Card 3
Front
Gibbons & Proctor - D locked up his daughter and neglected to feed her...He had a duty of care to his daughter that he failed to fulfil.
Back
Card 4
Front
Pittwood - Failed to close gateway to a railway line and driver was killed...Duty of care because of his contract
Back
Card 5
Front
Adamako - Failed to notice breathing tube had become disconnected and the patient died...Duty of car because of a contract
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