Omissions

A person is not liable for an omission unless _______ _ _____ ___ ____

under a duty to act

What are the two types of duty?

statutory

common law

Who makes statutory duties?

parliament

Who makes common law duties?

judges

Give 3 examples of statutory duties?

Road traffic act 1988

Dangerous dogs Act 1991

Domestic violence crime and victims act 2004

What duty is imposed by Road Traffic Act 1998?

failing to wear a seatbelt or give breath specimen

What duty is imposed by Dangerous Dogs Act 1991?

Failing to muzzle a dangerous dog in public

What duty is imposed by Domestic violence Crime and Victims act 2004?

neglecting a child

What are the 5 common law duties?

Contractual duties

official position

special relationship

duty undertaken voluntarily

creating a dangerous situation

What case demonstrates contractual duties?

Pittwood

What happened in Pittwood?

a railway guard failed to close the crossing resulting in a death

What case demonstrates official position?

Dytham

What case demonstrates Special relationship?

Gibbins and Proctor

What case demonstrates Duty undertaken voluntarily?

Stone and Dobinson

What case demonstrates creating a dangerous situation?

Miller

What happened in Dytham?

A police officer stood as someone was beaten up

What happened in Gibbins and proctor?

a father starved his 7 year old daughter

What happened in Stone and Dobinson?

Ds took in an elderly relative and failed to look after her, they were liable for her death

What happened in Miller?

D failed to take reasonable steps to deal with a fire he created

What was decided in Airedale NHS trust v Bland?

if a doctor stops treatment in the best interests of the patient it does not form an AR