The general rule is that only positive acts can make someone liable. failing to do something is genrally not a crime in English law. however a person will be liable for a failure to act when they are under A DUTY TO ACT. a duty can arise:
1 of 12
STATUTORY DUTY
A STATUTE IS A LAW MADE BY PARLIMENT example of satutory duty: wearing a seatbelt
2 of 12
CONTRACTUAL DUTY
a contract to do something PITWOOD: railway crossing keeper omitted to close gate so v was struck and killed by a train
3 of 12
VOLUNTARY ASSUMPTION OF DUTY
STONE AND DOBBINSON: Stones elderly sister came to live with D's. she fell ill and unable to care for herself, she died. D's guilty through failing to care for her or summon help when she became helpless
4 of 12
OFFICIAL POSITION
DYTHAM: police officer witnessed a voilent attack on the V, but took no steps to intervene or summon help. instead drove away from scene. officer G of wilfully and without reasonable excuse of neglecting to perform his duty
5 of 12
CREATING A DANGEROUS SITUATION
MILLER: squatter accidently started a fire, when he realised he left the room and went to sleep in another room. he did not attempt to put the fire oout or summon help = G
6 of 12
RELATIONSHIP
GIBBINS & PROCTOR: childs father and mistress failed to feed child, he died of starvation. = G because of the relationship they had to him
7 of 12
CREATING A DANGEROUS SITUATION
MILLER: squatter accidently started a fire, when he realised he left the room and went to sleep in another room. he did not attempt to put the fire oout or summon help = G
8 of 12
RELATIONSHIP
GIBBINS & PROCTOR: childs father and mistress failed to feed child, he died of starvation. = G because of the relationship they had to him
9 of 12
CREATING A DANGEROUS SITUATION
MILLER: squatter accidently started a fire, when he realised he left the room and went to sleep in another room. he did not attempt to put the fire oout or summon help = G
10 of 12
CREATING A DANGEROUS SITUATION
MILLER: squatter accidently started a fire, when he realised he left the room and went to sleep in another room. he did not attempt to put the fire oout or summon help = G
11 of 12
RELATIONSHIP
GIBBINS & PROCTOR: childs father and mistress failed to feed child, he died of starvation. = G because of the relationship they had to him
12 of 12
Other cards in this set
Card 2
Front
A STATUTE IS A LAW MADE BY PARLIMENT example of satutory duty: wearing a seatbelt
Back
STATUTORY DUTY
Card 3
Front
a contract to do something PITWOOD: railway crossing keeper omitted to close gate so v was struck and killed by a train
Back
Card 4
Front
STONE AND DOBBINSON: Stones elderly sister came to live with D's. she fell ill and unable to care for herself, she died. D's guilty through failing to care for her or summon help when she became helpless
Back
Card 5
Front
DYTHAM: police officer witnessed a voilent attack on the V, but took no steps to intervene or summon help. instead drove away from scene. officer G of wilfully and without reasonable excuse of neglecting to perform his duty
Comments
No comments have yet been made